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Digitized  by  the  Internet  Archive 
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University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/mortgagesuponmisOOmiss 


MORTGAGES 


UPON  THE 

Missouri,  Kansas  and  Texas  Railway. 


TAGK. 

1.  Union  Pacific  Railway  Company,  Southern  Branch,  First  Mort- 

gage, November  14,  1868.  .......  141 

2.  Tebo  AND  Neosho  Railroad  Company,  First  Mortgage,  eliiiie  1, 

1870 loO 

3.  Hannibal  and  Centkal  Missouri  Railroad  Company,  First  Mort- 

gage, April  20,  1870.  ........  169 

4.  Hannibal  and  Central  Missouri  Railroad  Company,  Second 

Mortgage,  Fel)ruarv  1,  1872.  . . . . . . .177 

5.  Missouia,  Kansas  and  Texas  Railway  Company,  First  Consoli- 

dated and  Sinking  Fund  Mortgage,  Fel)ruary  1,  1871.  . . I'^r) 

6.  Missouri,  Kansas  and  Texas  Railway  Company,  Additional 

Mortgage,  June  1,  1872.  .......  213 

7.  Missouri,  Kansas  and  Texas  Railway  Company,  Further  Addi- 

tional Mortgage. — Fort  Smith  Branch  — November  1,  1872.  233 

8.  Missouri,  Kansas  and  Texas  Railway  Company,  Further  Addi- 

tional Mortgage,  June  1,  1873.  ......  247) 

9.  Fast  Line  and  Red  River  Railroad  Company,  First  Mortgage, 

June  1,  1880.  ..........  2')!) 

10.  Missouri,  Kansas  and  Texas  Railway  Company,  General  (X)n- 

soLiDATED  MORTGAGE,  December  1,  1880.  ....  279 

11.  Missouri,  Kansas  and  Texas  Railway  Company,  Income,  Second 

Mortgage,  April  1,  1876.  . . . . . . .317 

A IVPEN  I)  IX. 

\/  Boonville  Railroad  Bridge  Company,  First  Mortgage,  May  1,  1873.  347 


UNION  .PACIFIC  RAILWAY  COMPANY, 
SOUTHERN  BRANCH. 


FIRST  MORTGAGE, 


NOVEMBER  14,  1868. 


THIS  INDENTURE,  made  at  Junction  City,  Davis  County,  parties. 
State  of  Kansas,  on  the  14th  day  of  November,  A.  D.,  1868, 
between  the  Union  Pacific  Railway'  Company',  Southern 
Branch,  a corporation  duly  and  legally  incorporated  by  and 
under  the  laws  of  the  State  of  Kansas,  parties  of  thetirst  part, 
and  Russell  Sage  and  N.  A.  Cowdrey,  both  citizens  of  the 
City  and  County  of  New  York,  parties  of  the  second  part. 


Witiiessetli  ; That  AVhereas,  the  said  Railway  Company  are  Preamble, 
desirous  of  liuilding,  equipjiing  and  operating  a railroad  from 
, Junction  City,  Davis  County,  Kansas,  southerly,  via  Council 
Grove,  Emporia,  Burlington  and  Neosho  Falls, to  the  State  line  : 

And  AVliereas,  in  aid  thereof,  the  Congress  of  the  United  Conj^ressional  Land 
States  have  granted  to  the  State  of  Kansas  ten  sections  of 
r land,  640  acres  each,  for  each  mile  of  railroad  built,  as  more 
fully  apiieai’s  by  reference^  to  the  Act  of  Congress  relating 
thereto  : 

And  AVlier<‘a.s,  the  State  of  Kansas  has  accei)ted  said  j^rant.,  , ,,  , „ 

^ I c Grant  by  State 

from  Congress,  and  regranted  the  same  to  the  party  of  the  of  Kansas, 
first'part,  for  the  })urpose  of  aiding  in  the  construction  of  said 
railroad : 


And  Whereas,  to  carry  into  (dfect  the  desire  of  said  Railroad 
" Conqiany  to  build,  e(iui[)  and  opei*ate  said  railroad,  it  is  neees- 
sary  for  them  to  borrow  the  sum  of  $1 ,201 ),()()(),  and  for  that 
^ })urpose,  and  in  evidence  thereof,  to  niakt;  and  issue  bonds,  in 
vT^sums  of  .$1,000  each  in  manner  and  formas  herein  below  set 
^ forth;  and  to  secure  the  })ayment  thereof,  to  mortgage  their 
o entire  property,  real  and  [lersonal,  and  also  [all]  their  franchises 
^ ap[)licable  to  the  railroad,  between  tlH‘  [loints  above  named  ; to 
^which  end  the  said  Railway  Conqiany  have*  eonsented  to  make, 
^ issue  and  lu'gotiate  the  sum  ot‘  four  millions,  two  hundred  and 


Bonds  for. $4, 250, 000. 


( 1 11 ) 


142 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


fifty  thousand  dollars,  evidenced  by  bonds,  as  herein  below  set 
forth. 

Series  of  Bonds  from  AVhich  bonds,  now  to  bc  issued  hereunder,  are  numbered  1 to 
1 to  4250. 

4,250,  all  of  which  are  duly  and  legally"  made  and  delivered  by 
said  Union  Pacifk^  Railway  Company,  Southern  Branch, 
and  are  in  the  form  following,  viz.  : 

UNITED  STATES  OF  AAIERICA, 

STATE  OF  KANSAS. 


Form  of  Bond. 


UNION  PACIFIC  RAILWAY  COMPANY,  SOUTHERN 

BRANCH. 

No. $1,000. 


Six  per  cent  — 
Gold  — Principal 
and  Interest. 


Default  for  Six 
Months. 


Redemption  of  Bond. 


Conversion  of  Bond 
into  Stock. 


Additional  Bonds 
for  other  Extensions, 
viz : to  Fort  Gibson, 
Fort  Smith  and  Red 
River. 


Know  all  3Ieii  by  these  Presents,  That  the  Union  Pacific 
Railway  Company,  Southern  Branch,  are  indebted  to  Russell 
Sage  and  N.  A.  Cowdrey,  or  bearer,  in  the  sum  of  One  Thou- 
sand Dollars,  which  they  promise  to  pay  to  the  bearer  thereof, 
in  the  gold  coin  of  the  United  States  of  America,  on  the  first 
day  of  January,  A.  D.,  1899,  at  their  office  or  agency  in  the 
City  of  New  A^ork  with  interest  thereon  from  the  first  day  of 
January,  A.  1).,  18(39,  at  the  rate  of  six  per  centum  per  annum, 
pa3\able  semi-annually  in  said  gold  com,  at  their  office  or  agency 
in  the  City  of  New  A"ork,  on  the  first  day  of  January  and  July 
in  each  year,  on  the  presentation  and  surrender  of  the  annexed 
coupons  as  they  severallj^  become  due;  and  in  case  of  the 
non-payment  of  interest  for  six  months,  then,  without  demand 
or  notice,  the  principal  of  this  bond  shall  become  due  and  pay- 
able, in  the  manner  and  with  the  effect  provided  in  the  deed  of 
trust  given  to  secure  the  payment  of  this  bond. 

The  makers  of  this  bond  reserve  the  right  to  themselves  and 
to  their  successors,  to  redeem  or  pay  this  bond  at  their  option, 
upon  giving  the  notice  provided  in  the  deed  of  trust,  at  one  hun- 
dred and  twent}^  per  centum,  and  the  accrued  interest  thereon. 

The  holder  of  this  bond  is  entitled,  at  any  time  within  ten 
dav^s  after  any  dividend  shall  be  declared  and  become  payable 
upon  the  capital  stock,  to  convert  the  principal  thereof  into  the 
stock  of  said  Railway  Company  at  par,  receiving  stock  therefor 
dollar  for  dollar,  ui)on  the  surrender  of  this  bond  with  the  un- 
paid coupons  attached. 

This  bond  is  one  of  a series  amounting  to  $4, 250, ()()(),  but 
in  the  event  of  said  Railway  Company  extending  their  Railroad 
from  the  Kansas  State  line  to  Fort  Gibson,  and  accpiiring  the 
lands  donated  to  aid  in  the  construction  thereof,  then  this  issue 
of  bonds  may  be  increased  |2, 250, ()()() ; and  if  extended  tlu^ 
same  as  above  from  Fort  Gibson  to  Fort  Smith,  tlum  this  issue' 


TIIK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


143 


of  bonds  may  be  increased  ; and  if  extended  from 

Fort  Gibson  to  the  Red  River,  the  same  as  above,  then  this  issue 
of  bonds  may  be  increased  $4, 000, 000,  all  of  which  bonds  are 
or  are  to  be  executed  and  delivered  in  conformity  with  the  laws 
of  Kansas,  and  the  vote  and  resolution  of  the  Board  of  Direc- 
tors of  said  Railway  Company,  the  makers  thereof. 

The  bearer  hereof  is  entitled  to  all  the  security  derived  from  Bond  secured  by 
a mortgage  or  deed  of  trust  of  even  date  herewith,  executed 
and  delivered  to  Russell  Sage  and  N.  A.  Cowdrey,  Trustees, 
conveying  the  line  of  Railroad  and  its  ecpiipment  from  Junc- 
tion City,  Davis  County,  Kansas,  southerly  to  the  State  line, 
about  170  miles;  and  also  about  1,300,000  acres  of  land 
granted  by  Congress  to  aid  in  building  said  Railroad  ; the  pro- 
ceeds of  the  sales  of  said  lands  are  to  be  a sinking  fund  for 
the  payment  of  the  principal  and  interest  of  said  bonds. 

This  bond  shall  not  be  valid  or  obligatory  until  it  shall  have  Certification, 
been  authenticated  by  a certificate  indorsed  hereon,  duly  signed 
by  both  Trustees,  or  their  or  his  successor  or  successors, 
and  is  issued,  received,  and' held  subject  to  the  terms  and  con- 
ditions contained  in  said  mortgage  or  trust  deed. 

In  Witness  AVIierenf,  the  said  Union  Pacific  Rail- 
way Company,  Southern  Branch  have  caused 
their  eorporate  name  and  seal  to  be  hereto  afiixed 
by  their  President  and  Secretary,  on  the  14th 
day  of  November,  A.  D.,  l^^bs. 

Union  Pacific  Railway  (V)Mpany,  Southern  Bk’anch, 

By President. 

Secretary . 

{ Printed  on  hack  of  Bond. ) 

$1,(M)0  Gold  Bond,  No.  . 

UNION  PACIFIC  RAILWAY  (^(DIPANY,  SOUTHERN 

BRANCH.  Indorsement  on 

Bond. 

First  mortgage  on  railroad  at  $1  <»,()()()  per  mile,  and 
on  or  about  1,300, 000  acres  of  land. 

[Interest  first  of  January  and  July.] 

SIX  1*ER  CENT  IN  (iOLD. 

P.OND  CONVERTIBLE  INTO  STOCK. 

Bonds  receivable  at  par  in  iiayment  for  lands  at  minimum 
price. 

This  is  to  Certify,  that  the  within  bond  is  included  in  Trustees’ Certificate, 
mortgage  to  us,  datcal  November  14th,  A.  D.,  18bS,  in  trust 


144  • THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


to  secure  the  payment  of  $4,250,000,  purporting  to  be  a first 
mortgage  on  about  1,300,000  acres  of  land,  and  a first  mort- 
gage of  $10,000  i)er  mile  on  the  line  of  Railroad  from  Junc- 
tion City,  Davis  County,  Kansas,  southerly  to  the  Kansas 
State  line,  about  170  miles;  and  if  the  Railroad  Company 
extend  their  road  to  Fort  Gibson,  about  90  miles,  and  acquire 
the  lands  donated  by  the  United  States  to  aid  said  extension, 
then  the  mortgage  indebtedness  may  be  increased  $2,250,000  ; 
and  if  extended  in  the  same  way  from  Fort  Gibson  to  Fort 
Smith,  about  70  miles,  then  it  may  be  increased  $1,600,000; 
and  if  extended  in  the  same  way  from  Fort  Gil)son  to  the  Red 
River,  about  160  miles,  then  it  may  be  increased  $4,000,000  ; 
for  all  which  proposed  extensions  and  increased  indebtedness, 
morto^atres  or  trust  deeds  of  further  assurance,  making  the 
security  as  complete  as  possible,  are  to  be  given. 

And  we  Further  Certify,  that  said  mortgage  is  properly 
stamped  with  United  States  Internal  Revenue  Stamps,  and 
that  we  have  caused  the  same  to  be  duly  recorded  according  to 
the  laws  of  Kansas. 


Trustees. 


Grant  of  Premises. 


Grant  of  Premises. 


Now,  Therefore,  the  said  Union  Pacific  Railway  Com- 
pany, Southern  Branch,  for  and  in  consideration  of  the 
premises,  and  of  the  sum  of  four  millions,  two  hundred  and 
fiftv  thousand  dollars  received  to  the  full  satisfaction  of  said 
Trustees,  and  for  the  purpose  and  with  the  intent  of  securing 
the  payment  of  all  said  bonds,  with  the  interest  due  and  to 
grow  due  thereon,  in  the  manner  following,  that  is  to  sa}^  six- 
t^een  thousand  dollars  per  mile  of  finished  Railroad  u})on 
the  Railroad,  its  equipment  and  appurtenances  hereinafter 
described,  and  the  whole  four  million,  two  hundred  and  fifty 
thousand  dollars  iqion  the  lands  donated  by  Congress  to  aid  in 
building  said  Railroad  hereinafter  more  particularly  described  — 
Hath  granted,  bargained,  sold,  conveyed,  assigned,  trans- 
ferred, and  confirmed,  and  by  these  presiuits  doth  grant,  bar- 
crain.  sell,  convey,  assign,  transfer,  and  confirm,  to  said 
Russell  Sage  and  to  N.  A.  Cowdrey,  citizens  of  the  City  and 
State  of  New  York,  as  Trustees,  and  in  trust,  and  to  the  sur- 
vivor or  survivors  of  them,  and  to  their  successors  or  successor, 
the  entire  corporate  property  of  the  said  Railway  Conqiany, 
and  all  its  franchises  and  ])rivileg(‘S,  constructed  or  to  be  lu're- 
after  constructed,  now  held  and  acquired,  or  to  lie  hereafter 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


145 


constructed  and  acquired,  extending  from  Junction  City , Road  from  Junction 
Davis  County,  State  of  Kansas,  down  the  Valley  of  the  Neosho  to  State  Line. 
River,  through  the  Counties  of  Davis,  Morris,  Lyon,  Coffey, 

Woodson,  Allen,  Neosho,  and  Labette,  to  the  State  line 
between  the  Neosho  River  and  the  Western  boundary  of  Labette 
County. 


Also,  all  the  right  of  way  and  land  occupied  by  said  Rail- 
road, and  appurtenances  thereto  belgnging,  and  all  the  lands 
acquired  [and  appertaining,  or  which  may  hereafter  be 
acquired]  and  ap})ropriated  for  station-houses,  depots,  engine- 
houses,  car-houses,  warehouses,  machine-shops,  Avorkshops, 
superstructures,  erections,  and  fixtures,  together  with  all  the 
appurtenances,  rights,  and  privileges  thereunto  belonging,  at 
any  and  all  points  on  said  road. 


Buildings,  etc. 


And  also,  all  and  singular,  the  locomotives,  tenders,  pas- 
senger cars,  freight  cars,  and  eveiy  and  all  other  cars,  car- 
riages, tools,  machinery,  wood,  coal,  and  fuel,  and  equipments 
for  said  Raihvay,  and  now  owned  or  which  shall  hereafter  be 
owned  by  said  Company.  And  also,  all  goods  and  chattels, 
wood,  fuel,  oil,  or  SLq)})lies  now  owned  or  which  shall  here- 
after be  owned  by  said  (’onn)any,  and  in  any  way  relating  or 
appertaining  or  belonging  to  or  connected  with  said  Railway, 
or  the  running  or  operating  the  same.  And  also,  all  rents, 
issues,  income,  tolls,  [)rofits,  currency,  moneys,  rights,  bene- 
fits and  advantages,  derived  or  to  be  derived,  had  or  received 
therefrom  by  sjiid  Company  in  any  way  whatsoever. 


Rolling  Stock,  etc. 


Income,  etc. 


And  also,  free  and  clear  from  all  incumbrances,  all  the  lands  Land  Grants, 
and  claims  to  lands  which  were  granted  to  the  State  of  Kansas 
by  the  Act  of  Congress  aforesaid,  and  then  granted  by  said 
State  to  said  Railway  Company,  or  which  shall  hereafter  be 
donated  or  granted  by,  or  in  any  other  manner  acapiired  from 
the  United  States,  or  from  or  through  the  State  of  Kansas,  to 
jiid  in  building  the  railroad  of  said  Railway  Conq)any,  or  any 
part  of  it;  and  any  such  lands  not  re(piired  for  use  by  the 
Railroad  for  their  traffic,  to  which  said  Railway  Company  are 
or  shall  hereaftei’  be  entitled,  shall  be  si)ecially  set  aside  and 
appropriated  to  the  })urposes  of  this  mortgage,  together  with 
all  and  singular  the  emoluments,  income,  aiid  advantages,  tene- 
ments, hereditaments,  and  api)urtenanc(*s  th(‘reunto  belonging, 
or  in  anywise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  jirofits  thereof. 

And  also  all  the  estate,  right,  title,  interest,  proiierty,  claim, 


146 


THE  MLSSOURE  KANSAS  AND  TEXAS  RAILWAY. 


How  in  Case  of  Ex- 
tensions hereafter. 


To  have  and  to  hold. 


Trusts  declared. 


Possession  to  remain 
with  Company, 
until,  etc. 


Lands  may  be  sold, 
how. 


and  demand  whatsoever,  in  law  or  in  equity,  of  the  said 
parties  of  the  tirst  part,  of,  in,  and  to  the  same,  and  each  and 
every  part  and  parcel  thereof,  with  the  appurtenances. 

It  is  Mutually  Agreed  by  and  between  the  parties  hereto, 
that  in  the  event  of  said  Company  extending  their  railroad  as 
hereinafter  set  forth,  then  they  reserve  to  themselves  the  right 
to  reserve  from  this  mortgage  such  j^ro  rata  of  the  income, 
equipment,  and  supplies  of  said  railroad  as  the  length  in  miles 
of  new  extension  bears  to  the  distance  in  miles  from  Junction 
City  to  the  State  line. 

To  Have  and  to  Hold  the  above  o^ranted  and  bargained 
premises,  with  the  appurtenances  thereof,  unto  the  said 
Trustees,  and  to  the  survivors  and  survivor  of  them,  and  to 
their  and  his  successors  and  successor,  and  their  and  his 
assigns:  In  Trust,  and  upon  the  trust,  uses,  and  purposes 
hereinafter  expressed,  of  and  concerning  the  same,  for  the  use 
and  benefit  of  the  person  or  persons,  firm  or  firms,  bodies 
politic  or  corporate,  who  shall  hereafter,  at  any  time,  become 
the  purchasers  or  holders,  owners,  or  bearers,  of  any  or  either 
of  said  bonds,  subject  to  the  terms,  provisions,  and  stipula- 
tions in  said  bonds  contained,  and  also  subject  to  the  posses- 
sion and  management  of  said  railroad  and  property  by  said 
Railway  Company,  and  its  successors  and  assigns,  so  long  as 
no  default  shall  be  made  in  the  payment  of  either  interest  or 
principal  of  said  bonds,  or  in  any  or  either  of  them,  or  in  pay- 
ment of  the  amount  of  money  as  hereinafter  provided  for  the 
sinking  fund,  and  so  long  as  the  said  Railway  Company  shall 
well  and  truly  observe,  keep,  and  perform  all  and  singular  the 
covenants,  agreements,  conditions,  and  stipulations  in  said 
bonds,  and  in  this  indenture  contained  and  set  forth,  and 
which  are  to  be  observed,  kept,  and  performed  l)y  and  on  the 
part  of  said  Railway  Company. 

It  is  Further  Agreed,  that  said  Railway  Company,  with  the 
consent  in  writing  of  said  Trustees,  or  their  or  his  successor  or 
successors,  may  sell  and  convey  any  lands  herein  mortgaged, 
and  not  necessary  or  required  to  be  retained  for  the  conven- 
ience and  use  of  the  Company  ; and  that  the  proceeds  of  said 
sales,  whenever  they  amount  to  the  sum  of  one  thousand  dollars, 
shall  be  applied  to  the  purchase  and  cancellation  of  one  or  more 
of  said  mortgage  bonds,  or  of  some  claims  which  are  or  may 
be  a prior  lien  upon  the  premises  mortgaged.  And  said 
Trustees  shall  then  be  authorized  to  release  the  premises  sold 


THE  MISSOUKl,  KANSAS  AND  TEXAS  RAILWAY. 


147 


from  this  mortgage;  in  lieu  of  purchasing  and  cancelling  said 
bonds,  the  proceeds  of  said  sale  mav  be  invested,  under  the 

’ ^ ^ ^ how. 

sanction  and  with  the  approval  of  said  Trustees,  in  the  pur- 
chase of  other  property,  real  or  personal,  required  for  use  by 
said  Railway  Company,  which  shall  be  embraced  in  and 
covered  bv  this  mort^ao^e. 

It  is  Mutually  Agreed  by  and  between  the  parties  hei’eto , “Fin- 

that  the  words  “finished  railroad,”  as  herein  used,  shall  ished  Railroad.” 
mean  a railroad  so  far  finished  as  to  be  in  actual  operation  for 
carrying  persons  and  property  over  the  same. 

And  this  Indenture  further  Witnesseth,  that  the  said  Rail- Schedules  of  Lands 

fox*  T?rtist00s 

way  Company  doth  hereby  covenant,  promise  and  agree  to 
and  with  the  said  parties  of  the  second  part,  that  the  said 
party  of  the  first  part  will,  with  all  reasonable  dispatch,  make 
and  deliver  to  the  said  parties  of  the  second  part,  true  and  ac- 
curate list,  schedules  and  maps,  showing  the  numbers,  precise 
quantity  of  lands,  location,  position,  and  boundaries  of  each  and 
every  piece,  parcel,  section,  or  parts  of  sections  of  the  afore- 
said lands,  not  required  for  the  necessary  or  convenient  oi)era- 
tion  of  the  Railroad  of  the  party  of  the  first  part,  and  also  list 
and  schedules  showing  the  minimum  valuation  and  })rices  at 
which  the  respective  pieces,  parcels,  sections,  or  parts  of  sec- 
tions of  said  lands  ma}^  be  sold  and  conveyed,  as  hereinafter 
provided,  which  shall  be  api)roved  by  the  Board  of  Directoi’s,  Appmlsil^nven^o^^^ 
and  signed  by  the  President  and  Secretary  of  the  party  of  the 
first  part,  and  also  ai)i)roved  and  signed  by  the  parties  of  the 
second  part.  But  it  is  understood  and  agreed  by  and  betAveen 
the  i)arties  hereto,  that  the  said  })arty  of  the  first  part,  by  and 
Avith  the  consent  and  approval  in  writing  of  the  })arties  of  the 
second  part,  or  of  the  survivors  of  them,  or  of  their  successor, 
or  successors,  may,  at  any  time  not  oftener  than  once  in  each  Revaluation  of 
year  from  the  date  of  the  last  ap})roval  by  the  parties  of 
second  j)art,  revalue  all  of  said  land  not  then  sold,  and  reafiix  to 
each  parcel  or  section  of  the  then  unsold  lands  a new  minimum 
price,  and  u[)on  the  a})proval  of  the  said  i)arties  of  the  second 
part  of  such  ucav  valuation  or  minimum  prices,  the  same  shall 
thereafter  become  binding  upon  all  the  parties  hereto. 

And  it  i.s  further  Agreed,  that  whenever  the  said  Ihiilway 
Com[)any  shall,  from  time  to  time,  certify  to  said  Trustees w Purchasers 
that  it  has  sold  or  contracted  for  the  sale  of  any  sections,  })arcel, 
or  parcels  of  said  lands,  at  a sum  not  less  than  the  minimum 
price  thereof , fixed  for  the  same  in  the  manner  aforesaid,  the 


148  THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Lands  may  be  sold 
on  Credit. 


said  Trustees,  or  the  survivor,  or  survivors  of  them,  or  their 
successors  or  successor,  shall  and  will  join  with  the  said  Com- 
pany in  duly  executing  a deed  or  contract  sufficient  in  law  to 
convey  to  the  purchaser,  his‘heirs  or  assigns,  all  the  right,  title, 
interest,  property,  possession,  claim,  demand,  and  estate,  of 
both  the  parties  to  this  indenture,  in  and  to  the  parcel  or  sec- 
tion of  land  so  sold.  And  the  said  parties  of  the  second  part 
shall  and  will  deliver  such  deed  or  contract  to  such  purchaser, 
upon  receiving  from  him  the  whole  price  of  such  parcel  or 
section  of  land,  either  in  cash  or  in  the  mortgage  bonds  hereby 
secured,  at  the  par  value  thereof,  or  partly  in  cash  and  partly 
in  said  Bonds  ; or  if  such  land  be  sold  u})on  credit,  then  upon 
receiving  from  such  purchaser  such  portion  of  the  said  price 
as  shall  be  agreed  to  be  paid  in  cash  (which  shall  not  be  less 
than  ten  per  cent,  of  the  whole  price),  together  with  a bond  for 
the  residue  of  the  purchase-mone}^  secured  by  mortgage  upon 
the  land  thus  sold,  executed  by  the  purchaser  to  said  parties 
of  the  second  part  in  due  form,  to  secure  to  them  the  payment 
of  the  residue,  with  interest  thereon  at  the  rate  of  not  less  than 
three  per  cent,  per  annum,  payable  semi-annually  or  annually, 
and  every  such  bond  and  mortgage  shall  contain  a provision  — 
to  the  effect  that  in  case  the  interest  thereon  shall  remain  in 
Payment  oT  Pur^^^  aiTear  and  unpaid  for  six  months  after  the  same  shall  become 
due,  then  the  whole  amount  of  the  principal  sum  mentioned 
therein  shall  thereupon,  immediately  after  the  expiration  of 
said  six  months,  become  due  and  payable  ; and  every  such 
mortgage  shall  also  contain  a personal  obligation  on  the  part 
of  the  purchaser  and  mortgager  to  pay  the  principal  and  inter- 
est thereby  secured,  at  the  times  and  according  to  the  terms, 
tenor  and  lesfal  effect  of  said  bond  therein  mentioned.  The 
deeds  [so]  to  be  given  shall  bear  even  date  with  the  bonds  and 
mortgages  so  to  be  executed,  and  shall  specify  the  actual  and 
true  amount  of  the  whole  consideration  money  or  price,  and 
the  manner  in  which  the  same  has  been  paid  or  secured  ; every 
sueh  bond  and  mortgage  shall  be  held  by  said  Trustees  for  the 
purpose  of  the  trusts  herein  declared,  and  as  part  of  the  trust 
estate,  and  as  security  for  the  bonds  this  mortgage  is  given  to 
secure. 


chase  Price. 


Bonds  hereunder  And  it  is  further  Agreed,  tliat  the  consideration  money  on 
receivable  for  Lands,  sales  of  land  may  be  paid  either  in  whole  or  in  i)art 

by  delivering  to  said  parties  of  the  second  part  to  be  cancelled, 
one  or  more  of  the  bonds  secured  by  this  mortgage  at  their 


par  value  ; and  payments  ujion  any  bonds  and 


mortgages  so 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


149 


received  by  isaid  parties  of  the  second  i)art,  cither  for  princi- 
pal or  interest,  may  be  made  by  delivering  to  said  {)arties  of 
the  second  part,  to  be  cancelled,  one  or  more  of  the  bonds 
secured  by  this  mortgage,  at  their  par  value. 

And  it  is  further  Agreed,  that  the  holders  of  any  of  the  Bondholders  may 
bonds  or  past-due  coupons  thereof,  secured  by  this  ^^^^Hgage, 
shall  have  the  right  and  privilege  of  purchasing  any  of  said 
lands  not  required  by  the  Company  for  the  necessary  or  con- 
venient operation  of  their  Railroad  at  the  then  minimum  price 
fixed  by  said  Company  and  approved  by  said  Trustees,  and  to 
pay  therefor  in  said  bonds  or  coupons  secured  hy  this  mort- 
gage, at  their  par  value. 

And  the  [said]  Company  further  Covenant  and  Agree,  Proceeds  of  Sale  of 
to  and  with  the  said  Trustees,  their  or  his  successors  or  sue- ^ 
cessor,  in  the  trust  created  by  this  deed,  that  for  the  further 
security  and  ultimate  redemption  of  the  bonds  secured  by  this 
mortgage,  all  moneys  and  bonds  and  mortgages,  and  the  pro- 
ceeds and  avails  of  all  such  bonds  and  mortirages,  which  may  be 
received  by  said  Trustees,  and  the  survivors  or  survivor  of 
them,  or  theii*  successors  or  successor,  as  proceeds  of  the 
aforesaid  lands,  or  otherwise,  under  the  trust  herein  declared, 
shall  constitute  a sinkiiiir  fund  for  the  redemi)tion  and  i)ay-.,.  , 

merit  of  the  bonds  issued  by  s:iid  Railway  Company  and 
secured  by  this  mortgage. 

And  it  is  Mutually  Agreed,  that  said  Trustees  shall,  inline-  , , . 

. . . Redemption  of  Bonds 

diately  after  any  payment  in  money  is  made  them,  deposit  tlie  by  Sinking  Fund. 

amount  in  the  United  States  Trust  Company  of  the  City  of 

New  York,  or  some  other  good  and  safe  place  of  deiiosit  in 

the  City  of  New  York.  Whenever,  from  time  to  tiiinq  there 

shall  be  any"  money  so  on  dciiosit,  said  [larties  of  the  second 

part  may,  in  their  discretion,  apjily  the  same  to  the  imrchase 

or  redemption  of  so  many''  of  the  aforesaid  mortgage  bonds  as 

such  money's  shall,  from  time  to  tiiinq  bi^  adcapiate  to  redeem, 

at  their  market  value  in  the  Cit  y of  New  York  ; provided  such 

market  value  shall  not  exceed  one  hundred  and  twenty"  jier 

centum,  exclusive  of  accrued  interest.  And  whenever  said 

moneys  so  on  dejiosit,  or  in  the  hands  of  the  said  parties  of 

the  s(‘Cond  part,  shall  amount  to  the  sum  of  twenty  thousand 

dollars,  it  shall  then  be  the  imperative  duty  of  the  said  [larties 

of  the  second  part  to  ap[)ly"  the  same  to  th(‘  redenqition  of  so 

much  of  said  mortgage  bonds  as  such  sinking  fund  is  ade- 

(juate  to  redeem  and  pay". 


150 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Trustees  to  designate 
by  Lot  Bonds  for 
Redemption. 


Notice  of  Bonds 
called  in. 


In  tlie  Event,  of  said  Trustees  not  being  able  to  purchase 
said  bonds  at  a price  not  exceeding  one  hundred  and  twenty 
per  cent.,  exclusive  of  accrued  interest,  they  shall,  so  often  as 
they  have  lifty  thousand  dollars  or  more  in  their  hands,  applic- 
able to  the  payment  of  bonds  secured  by  this  mortgage,  with- 
out delay,  designate  by  lot  so  many  of  said  bonds  as  they  have 
money  to  pay,  to  which  the  money  received  by  them  shall  be 
applied  in  payment,  at  the  rate  of  one  hundred  and  twenty  per 
centum  and  accrued  interest.  The  Trustees  shall  orive  notice 
of  the  numbers  designated.  If  the  owner  or  holder  of  the 
bonds  designated  for  payment  is  known  to  them,  a personal 
notice  shall  be  sufficient ; if  they  do  not  know  the  owners  or 
holders  of  said  bonds  so  designated,  then  said  Trustees  shall 
o^ive  notice  of  the  numbers  of  the  bonds  so  desis^nated,  in  two 
or  more  of  the  daily  newspapers  printed  in  the  City  of  New 
York,  and  shall  continue  said  notice  at  least  once  in  each  week 
until  the  first  day  of  the  succeeding  April  or  October,  when 
the  interest  on  the  bonds  so  designated  shall  cease,  and  neither 
the  Company  nor  their  successors  shall  be  any  longer  liable 
for  the  payment  of  the  principal  or  interest  thereof,  and  the 
premises  embraced  in  this  mortgage  shall  thereafter  be  dis- 
charged from  so  much  of  the  lien  hereby  imposed  thereon  as 
the  bonds  amount  to  thus  designated  for  payment. 


Cancellation  of  And  it  is  further  Mutually  Agreed,  that  the  said  Trustees 

redeemed  Bonds.  shall  and  will  cancel  and  discharge  each  and  every  of  the 
bonds  secured  by  this  mortgage,  with  all  the  interest  warrants 
annexed  thereto,  or  accompanying  the  same,  which  they  shall 
pay,  purchase,  or  redeem  as  aforesaid,  or  which  they  may 
receive  in  any  payment  for  land  as  aforesaid ; and  that  they 
will  make,  or  cause  to  be  made,  upon  each  bond  a brief  note 
or  memorandum,  stating  how,  when,  and  for  what  considera- 
tion the  same  was  cancelled,  from  whom  the  said  mortgage 
bond  was  received,  and  in  such  manner  and  formas  will  enable 
the  said  Company  to  trace  the  transaction. 

Registry  of  redeemed  ^he  said  Trustees  shall  immediately  return  so  many  bonds 
Bonds.  {|g  are  paid  by  them  to  the  Company  cancelled;  and  both  the 

Company  and  said  Trustees  shall  keep  a proper  registry  and 
account  of  all  the  bonds  paid  by  them,  or  designated  to  be 
paid  as  aforesaid,  which  registry  or  account  shall  be  open  for 
the  examination  and  the  inspection  of  any  parties  in  interest, 
at  all  reasonable  times;  and  the  number  or  amount  of  said 
bonds  cancelled  shall  be  i-eported  by  said  Com[)any  to  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


151 


stockholders  of  said  Company,  in  each  annual  statement  of 
the  Company  made  to  the  stockholders. 

And  it  is  further  Mutually  Agreed,  that  the  PJW»ient 

and  cancellation  of  said  mortgao'e  bonds  shall  not  relieve  the  to  satisfy  Lien  of  • 

^ ^ Mortffajr©. 

mortgage  lien  of  $16,000  per  mile  upon  the  railroad,  until 
after  said  mortgage  lien  shall  have  become  completely  extin- 
guished upon  said  lands — that  is  to  say,  the  proceeds  of  the 
sales  of  lands  shall  first  be  applied  to  extinguish  the  mortgage 
liens  upon  the  lands,  and  the  mortgage  upon  the  railroad  shall 
remain  at  $16,000  per  mile  until  the  lands  are  all  sold,  and  the 
proceeds  applied  to  extinguish  the  lien  of  said  mortgage  bonds 
upon  said  land. 


It  is  Mutually  Agreed  by  and  between  the  parties  hereto,  of  Title  to 

that  in  the  event  of  a conflict  of  claims  to  the  title  to  anv  of^»^^be<^'veen  Pre- 
. ‘ emptors  and  Com- 

the  above  described  lands,  on  the  part  of  pre-emptors,  or  other  pany. 

claimants  or  actual  settlers  thereon,  the  said  Railway  Com- 
pany and  the  said  Trustees  shall  have  })ower  to  amicably  com- 
promise, settle,  and  adjust  said  claims,  on  such  terms  [as  said 
Trustees  shall  approve. 


And  it  is  also  Mutually  Agreed  by  and  between  the  par- 
ties hereto,  that  in  the  event  of  said  Railway  Conpiany  desir- 
ing to  extend  their  railroad  from  the  Kansas  State  line  southerly 
to  Fort  Gibson,  about  ninety  (!M))  miles,  and  said  Tiaistees,  or 
their  successors,  being  of  the  opinion  that  by  so  doing  the 
Railway  Company  will  accpiire  a good  and  valid  claim  for  lands 
granted  by  Congress  to  aid  in  building  said  (‘xtcmded  road,  and 
said  Railway  Comjiany  making  such  projier  and  suitable  sup- 
plemental deeds  as  the  said  Trustees  shall  l)e  advised  by  coun- 
sel, learned  in  the  law,  to  be  necessary  and  })ro})er  for  the 
further  and  better  security  for  the  payment  of  said  mortgage 
bonds,  then  and  thereu})on,  and  for  the  pur})ose  of  construct- 
ing and  equipping  said  extended  road,  said  Railway  Com[)any' 
may  increase  the  amount  of  bonds  secured  by  this  mortgage 
two  million,  two  hundred  and  fifty  thousand  ($2,250,000) 
dollars;  and  in  the  same  manner,  if  they  desire  to  extend  said 
railroad  from  Fort  Gibson  to  Fort  Smith,  about  sixtv-tive  ( 65) 
miles,  then  the  bonds  secured  by  this  mortgage  maybe  increased 
one  million,  six  hundred  thousand  ($1,600,000)  dollars;  and 
in  the  same  manner,  if  they  desire  to  extend  said  railroad 
from  Fort  Gibson  to  the  Red  Rivei’,  about  one  hundred  and 
sixty  (160)  miles,  at  Ji  suitabh'  point  to  connect  with  a line  of 
railroad  running  southerly  to  Galveston  or  Houston,  then 


Authority  to  extend 
Koiid  to  Ft.  Gibson, 
1)0  Miles,  and  in- 
crease Mortgage 
l>ebt. 


Extension  from  Ft. 
(xibson  to  Ft.  Smith, 
05  Miles. 


Extension  from  Ft. 
Gibson  to  Red  River, 
100  Miles. 


152 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


the  bonds  secured  by  this  mortgage  may  be  increased  four 
million  ($4,000,000)  dollars. 


Interest,  Six  per  cent. 


And  the  said  Company  do  hereby  Covenant,  promise,  and 
agree,  for  itself,  its  successors  and  assigns,  to  and  with  the 
said  Trustees,  the  survivor  and  survivors  of  them,  and  their 
and  his  successors,  that  the  said  Company  will  well  and  truly 
pay  each  and  every  of  said  bonds  issued  by  them,  and  secured 
by  this  mortgage,  together  with  the  semi-annual  interest  to 
become  due  thereon,  at  the  rate  of  six  per  cent,  per  annum,  at 
the  times,  in  the  manner,  and  at  the  place  specified  therein. 


Default  continued  And  that  in  case  said  Company  shall,  for  the  space  of  six 
for  Six  Months.  months,  make  default  in  the  payment  of  said  semi-annual 
interest  to  become  due  upon  any,  either,  or  the  whole  of  said 
mortgage  bonds,  then,  after  the  expiration  of  six  months  from 
the  time  it  became  due,  and  without  demand  or  notice,  at  the 
election  or  option  of  a majority  of  the  holders  of  said  bonds,  the 
whole  principal  sum  mentioned  in  each  and  all  of  said  mort- 
gage bonds  then  outstanding,  shall  forthwith  become  due  and 
payable,  and  the  lien  or  incumbrance  hereby  created  for  the 
security  and  payment  thereof,  may  at  once  be ‘enforced. 


^ , And  it  is  Agreed,  ill  Case  of  the  Default  of  the  payment  of 

Trustees  may  enter  ^ ^ ^ . 

into  Possession.  the  semi-aniiual  interest  as  above  provided,  that  said  Trustees, 

and  the  survivor  or  successors  of  them,  are  hereby  expressly 
authorized  and  empowered,  upon  the  request  in  writing  of  a 
majority  in  interest  of  the  owners  or  holders  of  said  bonds,  to 
enter  into  and  upon,  and  to  take  actual  possession  of  all  the 
property,  real  and  personal,  and  rights,  franchises,  and  privi- 
leges of  the  premises  hereby  conveyed,  and  each  and  every 
part  thereof,  and  by  themselves,  or  by  their  attorneys  or 
agents,  have,  hold,  use,  and  enjoy  the  same,  and  from  time  to 
time  to  make  all  repairs  and  replacements,  and  all  useful  altera- 
tions, additions,  and  improvements  thereto,  as  fully  as  the 
parties  of  the  first  part  might  have  done  before  such  entry; 
and  to  collect  and  receive  all  tolls,  freight,  incomes,  rents, 
issues,  and  profits  of  the  same,  and  of  every  part  thereof. 
And  the  said  Trustees,  and  the  survivors  and  survivor  of  them, 
and  their  successors  and  successor,  shall  and  may,  and  hereby 
Power  of  Sale  expressly  authorized  and  empowered  to  sell  at  public  auc- 

tion to  the  highest  bidder,  the  entire  pro})erty,  real  and  per- 
sonal, rights,  franchises,  and  privileges  herein  conveyed. 
Said  sale  shall  be  either  in  Junction  City,  Davis  County,  or  the 
City  of  New  York  ; at  least  three  months’  notice  shall  be  given 


Notice  of  Sale. 


TIIK  ]M1SS0URI,  KANSAS  AND  TEXAS  RAILWAY 


153 


of  the  time,  place,  and  terms  of  said  sale,  by  advertising  the 
same  in  one  or  more  newspapers  of  good  circulation  in  each  of 
the  Cities  of  St.  Louis  and  New  York,  and  wherever  else 
required  by  law,  and  continuing  such  advertisement  at  least 
once  a week  until  the  time  of  sale;  and  they  may,  at  their  dis- 
cretion, adjourn  said  sale  from  time  to  time,  giving  reasonable 
notice  of  the  time  and  place  where  it  will  take  place.  And  as 
the  attorney  or  attorneys  in  fact  of  the  said  Company,  or  their 
successors,  shall  have  full  power  and  authority  to  make,  exe- 
cute, and  deliver  to  the  purchaser  or  purchasers  thereof,  good, 
valid,  and  sufficient  deed  or  deeds,  conveyance  or  conveyances,  Trustees’  Deed, 
assignments  or  transfers,  in  fee  simple  or  otherwise,  of  the 
entire  property  herein  conveyed,  and  all  the  rights,  franchises, 
and  privileges  of  the  Company  or  its  successors ; which  con- 
veyance or  conveyances,  transfer  or  deeds,  shall  vest  in  the 
purchaser  or  i)urchasers  all  the  right,  title,  interest,  and  estate 
whatsoever,  reversionary  or  in  possession,  or  which  they  may 
be  entitled  to  receive,  have,  or  hold  of  the  said  Company  ; and 
said  sale  shall  be  a complete  and  perpetual  bar,  or  estoppel, 
both  in  law  and  in  equity,  against  said  Company,  its  succes- 
sors and  assigns,  and  all  })ersons  or  parties  claiming  lyv,  from, 
or  under  it  or  them,  in  anywise  or  manner  whatsoever.  .Vnd 
the  said  Company  hereby  covenant  and  agree  to  waive,  and  Waiver  of  certain 
cxi)ressly  covenant  and  agree,  tluit  neither  the  Company  nor^^'^®' 
their  successors  shall  have  or  claim  any  advantage  of  any  valu- 
ation, api)raiscment,  or  extension  q/’ laws. 

The  Amount  ol'  the  Piirchase-3Ion<*y  on  said  sale  may  be  Bonds  receivable  as 
paid  and  satisfied,  in  whole*  or  in  i)art,  by  the  outstanding 
mortgage  bonds,  or  any  of  them,  secured  h(*reby,  and  said 
bonds  shall  be  received  in  whole  or  ini)art  payment  and  satisfac- 
tion q/*[by]  tin*  said  Trustees,  their  survivors  or  survivor,  suc- 
cessors or  successor,  according  to  th(‘ir  value,  to  be  asceidained 
and  determined  by  the  net  amount  arising  from  said  sale. 

And  out  of  the  Moneys  Received  fi-om  said  tolls,  freights,  rroceeds  of  Sale- 
incomes,  rents,  profits,  and  earnings  of  said  railroad  divided, 

premises,  or  out  of  or  from  the  })roceeds  of  said  sale,  so  to  be 
made  as  afor(*said,  after  first  deducting  the  exjjcnses,  disburse- 
ments, costs,  charges,  and  counsel  fees  incurred  in  and  about 
the  conducting  of  said  sale,  or  [in]  the  working  and  npeniiig 
[o})erating]  said  railroad,  including  the  compensation  and  com- 
mission of  said  Trustees  in  and  about  the  execution  of  this  trust, 
and  all  expenses  of  rei)airs,  replacements,  alterations,  additions. 


154 


THP]  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


and  iinproveiiients,  and  all  })ayinents  for  taxes,  assessments,, 
charges,  or  ]iens  on  said  i)reinises,  or  any  part  thereof;  the 
said  Trustees  shall,  if  the  amount  received  be  sufficient  for  that 
purpose,  pay  said  mortgage  bonds  or  so  many  of  them  as  shall 
be  then  outstanding  and  unpaid,  together  with  all  interests  then 
due  upon  the  same;  and  if  the  amount  be  insufficient,  then  to 
divide  the  same  pro  rata  among  the  outstanding  bonds,  and 
the  surplus  of  all  such  moneys  or  proceeds  of  sale,  if  any 
there  be,  shall  be  paid  to  said  Company,  or  their  successors  or 
assigns. 


Trustees  may  pur-  And  it  is  further  Covenanted  and  Agreed,  by  and  between 
chase  at  Sale.  parties  hereto,  that  in  case  of  any  judicial  foreclosure  sale, 

or  other  sale  of  the  premises  embraced  in  this  mortgage,  under 
the  decree  of  any  Court  having  jurisdiction  thereof,  based 
upon  the  foreclosure  of  this  mortgage,  and  the  holders  of  a 
majority  of  the  then  outstanding  bonds,  secured  by  this  mort- 
gage, shall,  in  writing,  request  the  said  Trustees,  they,  or  his 
survivors  or  survivor,  successors  or  successor,  they  are,  or  he 
is,  authorized  to  })urchase  the  premises  embraced  herein,  for 
the  use  and  benefit  of  the  holders  of  the  then  outstanding 
bonds  secured  by  this  mortgage. 


Eeorganizaiion  of  And  that  having  SO  purchased  said  premises,  the  right  and 
Company.  thereto  shall  vest  in  said  Trustee  or  Trustees,  and  no 

bondholder  shall  have  any  claim  upon  the  premises  or  to  the 
proceeds  thereof,  except  for  his  pi^o  rata  share  of  the  proceeds 
of  said  purchased  premises,  as  represented  in  a new  company 
or  corporation  to  be  formed  for  the  use  and  benefit  of  the 
holders  of  the  bonds  secured  hereby.  And  that  said  Trustees 
or  their  successors  or  successor,  survivors  or  survivor,  may 
take  such  lawful  means  as  he  or  they  deem  for  the  interest  of 
said  bondholders,  to  organize  a new  company  or  corporation 
for  the  benefit  of  the  holders  of  the  bonds  secured  by  this 
mortgage;  said  new  coni])any  or  corporation  shall  be  organ- 
ized upon  such  terms,  conditions,  and  limitations,  and  in  such 
manner  as  the  holders  of  a majority  of  said  outstanding  bonds, 
secured  by  this  moifga^re,  shall  in  writing  request  or  direct; 
and  said  Trustees  so  })urchasing  shall  thereupon  reconvey  the 
the  premises  so  ])urchased  by  him  oi*  them  to  said  new  com- 
pany or  corporation. 

^ ^ AihI  it  is  fiirtlier  Agreed,  that  the  said  Trustees,  his  or 

Trustees’  Agents,  ^ ^ > 

Attorneys,  etc.  their  survivor,  succ(;ssors  or  successor,  may  appoint  and 
employ,  Jit  the  expense  of  tln^  said  trust  estatiq  all  such  attor- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


155 


iicys,  counsellors,  clerks,  book-keepers,  engineers,  or  other 
agents,  as  may  be  reasonably  necessary  in  the  execution 
of  any  of  the  trusts  herein  or  hereby  declared,  and  shall 
not  be  answerable  for  the  defaults,  or  other  misconduct  or 
neglect  of  such  attorneys,  counsellors,  clerks,  book-keepers, 
engineers,  or  other  agents,  unless  chargeable  with  culpable 
negligence  in  their  selections ; and  further,  that  neither  of 
said  Trustees  shall  be  answerable  for  the  acts,  omissions,  or 
defaults  of  his  associate,  nor  shall  either  of  them,  or  their 
survivor,  successor  or  successors,  be  responsible  for  any  thing 
short  of  orross  ne"lio:ence  or  willful  frauds  in  the  discharge  of 
his  duties. 


And  it  is  further  3Iutually  Agreed  by  all  parties  hereto, 
that  the  said  Trustees,  their  or  his  successors  or  successor, 
survivors  or  survivor,  shall  receive  from  said  Company,  for 
his  or  their  services  in  the  acceptance  of  this  trust,  and  the 
signing  and  delivery  of  the  $4,250,000  bonds  issued  hereunder, 
four  bonds  of  $1,000  each,  and  for  siizniim  and  deliverinjx 
the  $2,250,000  of  bonds  above  named,  two  bonds  of  $1,000; 
and  for  the  $1,000,000,  two  bonds  of  $1,000;  and  for  the 
$4,000,000,  four  bonds  of  $1,000  each. 


And  for  any  further  services  hereunder,  he  or  they  shall 
receive  as  follows,  viz.  : Eor  services  under  any  foreclosure 
proc(^eding  to  foreclose  this  mortgage,  the  sum  of  one  per 
centum  on  the  par  amount  of  the  bonds  to  be  s(‘cured  by  this 
mortgage,  then  outstanding,  (‘xclusive  of  all  cash  disburse- 
ments. For  services  in  selling  and  conveying  the  lands  h(‘rein 
described,  and  a})})lying  the  [iroceeds  to  the  Sinking  Fund,  as 
herein  provided,  the  sum  of  two  jier  C(*ntum  tin  the  })ar 
amount  of  the  bonds  cancelled  in  that  manner  — exclusive  of 
all  cash  disbursements.  44ie  above  commissions  to  be  in  full 
payment  of  both  'rrustees,  and  to  be  capially  divided  lietween 
them. 


Compensation  of 
Trustees,  continued. 


And  it  is  fiirtlier  3Iiitiiall3'  Agreed,  that  said  trustees,  his 
or  their  succi^ssors  or  successor,  survivor  or  survivors,  may 
be  removed  from  the  otlice  of  Trustees  or  Trust(‘e  hereunder, 
by  a vote  of  a majority  in  interest  of  th(‘  holders  of  said 
bonds,  at  any  meeting  calhal  for  that  [uirpose. 


Removal  of  Trustees. 


And  also,  tluit  said  'rrustecs  or  Trustee,  his  or  their  sue- ,>„  • ..  , . 

I w J ^ n <i  Li o I j ^ V lc  01 

c(\ssors  or  successor,  survivors  or  survivor,  may  r(\sign  this  I'rustees. 
trust,  and  \)v,  thereby  discharged  from  future  liabilities  there- 
und(‘r,  by  notice  of  thirty  da}^s,  in  writing  to  said  Company 
or  to  its  siu*c(\ssors. 


156 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


New  Trustees  may  And  it  is  further  Mutually  Aj»Teed,  that  in  case  of  the 
be  appointed,  death,  removal,  resignation,  incapacity  or  ina])ility  of  both  or 
either  of  the  said  Trustees  to  act  in  the  execution  of  the  trust 
hereby  created,  then  a majority  of  the  holders  of  said  bonds 
may  select  and  designate,  in  writing,  one  or  more  competent 
persons  to  fill  the  vacancy  so  occurring  in  manner  aforesaid. 
And  until  the  bondholders,  make  such  selection,  the  remaining 
active  surviving  Trustee  and  President  of  the  Company  are 
hereby  empowei’ed  to  select  and  appoint,  by  an  instrument  in 
writing,  a competent  person  to  fill  the  vacancy  so  created; 
and  if  there  be  no  remaining  or  surviving  Trustee,  then  the 
President  of  the  Compan}',  with  the  consent  in  writing  of  the 
owners  or  holders  of  said  bonds  to  the  amount  of  two  hun- 
dred thousand  dollars,  may  select  and  appoint  as  aforesaid,  one 
or  more  persons  to  fill  the  vacancy,  until  the  bondholders  make 
an  appointment  of  said  Trustee  or  Trustees ; and  in  either 
case  the  person  or  persons  selected  shall  have  and  possess, 
and  be  vested  with  the  same  rights  and  powers  as  a Trustee  or 
Trustees,  as  he  or  they  would  have  had  and  possessed,  or  been 
vested  with,  had  he  or  they  been  originally  made  a party  or 
parties  to  this  indenture,  and  shall  perform  such  duties  in  all 
respects  until  such  appointment  shall  be  so  made  in  manner 
aforesaid;  and  notwithstanding  any  vacancy  or  vacancies  as 
aforesaid,  said  remaining,  surviving,  acting,  or  competent 
Trustee  shall  have  full  power  and  authority  to  execute  each 
and  all  trusts  hereby  created.  The  said  Company,  and  their 
successors  and  assigns,  hereby  covenant  to  make,  execute,  and 
deliver  all  such  other  or  further  instruments,  deeds  or  inden- 
tures, as  may  be  necessary  to  enable  the  person  or  })ersons  so 
appointed  to  execute  the  trust  hereby  created,  as  fully  and 
])erfectly  in  all  respects  as  he  or  they  could  have  executed  the 
same,  if  originally  a party  to  this  indenture. 

Meetings  of  Bond-  And  it  is  further  Miitimlly  Ag'rced,  that  whenever  and  so 
holders,  how  called.  contingency  shall  arise,  in  which  the  action  of  a 

majority  in  interest  of  the  holders  of  said  bonds  shall  be  neces- 
sary, or  in  which  the  said  bondholders  are  herein  declared  to 
have  any  discretionary  voice  or  power,  it  shall  be  the  dut3^  of 
said  Trustees,  and  each  of  them,  and  he  or  the}^  are  hereby 
authorized  and  required  to  call  a meeting  of  all  the  holders  of 
the  bonds  secured  b}^  this  mortgage,  to  ])e  held  in  the  City  of 
New  York,  b\'  advertisements  to  be  published  at  the  (‘xpens(‘ 
of  the  said  CompauA  , thi*ee  timesa  week  for  three  weeks,  in  at 
least  two  m‘wsi)a})ers  of  large  circulation  among  the  business 
community  in  said  ('itv';  and  at  such  mecding  so  {‘onv(‘n(‘d,  a 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


157 


majority  in  interest  of  the  holders  of  said  bonds  shall  be  com- 
petent to  exercise,  in  person  or  by  proxy,  all  the  powers  and 
authorities  conferred  upon  them  herein. 

And  Any  Person  appearing'  at  said  Meeting  of  bondholders.  Credentials  of  Par- 


ticipants in  Bond- 


and  claiming  the  right  to  participate  therein,  shall,  if  requested  holders’ Meeting, 
by  any  bondholder  present  thereat,  produce  the  bond  or  bonds  ^ 


upon  which  such  person  may  claim  the  right  to  vote  at  such 
meeting,  or  file  an  affidavit  with  the  chairman  of  such  meeting, 
that  he,  the  person  so  claiming  the  right  to  participate  in  such 
meeting,  is  a holder  of  one  or  more  of  the  bonds  aforesaid,  or 
the  duly  authorized  proxy  of  such  holder  ; in  which  affidavit  he 
shall  specify  the  amount  and  number  of  the  bonds  he  claims  to 
hold  or  to  represent,  before  being  allowed  to  vote  at  such  meet- 
ing, except  for  the  purpose  of  temporarily  organizing  the  same  ; 
and  on  the  adjournment  of  such  meeting,  all  such  affidavits 
shall  be  delivered  to  the  Railroad  Company  or  its  successors 
to  be  filed  among  the  records  of  said  ('ompany. 

And  the  said  Company,  for  themselves  and  their  successors  Covenant  for  further 


Assurance. 


and  assigns,  hereby  covenant  and  agree,  for  the  consideration 
aforesaid,  to  execute  and  deliver  any  further  reasonable  and 
necessary  deed,  or  deeds,  convey.ance,  or  conveyances,  to  the 
said  Trustees,  their  survivor,  successor,  or  successors,  for  the 
more  fully  securing  the  payment  of  said  bonds,  particularly 
for  the  conveyance  of  any  right,  intei'est,  or  })roperty  acquired 
by  said  Company  subsecpient  to  the  date  hereof. 

Provided  always,  and  this  grant  and  conveyance  is  pefeagance 

the  exjiress  eondition,  that  iqion  the  })ayment  in  full  of  said 
bonds  and  the  interest  due  thereon,  or  on  the  conversion  thereof 
into  the  stock  in  manner  named  in  said  bonds,  on  exhibiting 
said  bonds  cancelled  to  the  said  Trustees,  his  or  their  survivor, 
successors,  or  successor,  then  the  estate,  title,  and  interest  of 
the  said  Trustees,  his  or  their  survivor,  successors,  or  successor, 
shall  cease,  (Uderminc,  and  beconui  void,  and  he  or  they  shall, 
upon  recjiiest  of  the  Company  or  their  successors,  duly  execute 
and  deliver  a projier  release  or  satisfaction  of  this  mortgage. 

In  Witness  Whereof,  the  Union  Pacific  Railway 


Company,  Soutiifkn  1>kancii,  have  caused  this 
indenture  to  be  subscribed  in  its  corporate  name 
by  its  President  and  Secretary,  and  have  caused 


its  corporate  seal  to  be  hereto  affixed. 


Union  Pacific  Railway  Company,  Soctiiebn  Rpancii, 


P>y  d.  1>.  Dickinson,  President. 


(iFO.  C.  Clauk,  Seeretaru . 

Witness:  dhios.  Sadlkk,  11  A\hill  St. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


State  of  New  York, 

City  and  County  of  New  York, 

Be  it  remembered,  that  on  this  twenty-second  day  of 
January,  A.  D.,  one  thousand  eight  hundred  and  sixty-nine, 
before  me,  the  subscriber,  Thos.  Sadler,  a commissioner  in 
and  for  the  State  of  New  York,  appointed  by  the  Governor  of 
the  State  of  Kansas,  to  take  proof  and  acknowledgment  of 
deeds,  mortgages,  or  any  other  instrument  to  be  used  or 
recorded  in  the  said  State  of  Kansas,  personally  appeared 
John  B.  Dickinson  and  George  C.  Clark,  who  are  personally 
known  to  me  to  be  the  identical  persons  whose  names  are  affixed 
to  the  foregoing  indenture  as  respectively  President  and  Sec- 
retary and  acknowledged  the  same  to  be  the  voluntary  act  and 
deed  of  said  Union  Pacific  Railway  Company,  Southern 
Branch,  and  each  being  by  me  duly  sworn,  deposes  and  says, 
each  for  himself,  that  he,  John  B.  Dickinson,  is  President,  and 
that  he,  George  C.  Clark,  is  Secretary  of  said  Railway  Com- 
pany ; that  they  signed  the  foregoing  instrument  as  such 
President  and  Secretary,  and  caused  the  corporate  seal  of  said 
Company  to  be  affixed  hereto,  all  as  the  act  and  deed  of  said 
Company,  by  order  and  authority  of  said  Company,  for  the 
uses  and  purposes  therein  mentioned. 

Ill  Testimony  Whereof,  I have  hereunto  set  my 
hand  and  affixed  my  official  seal,  in  the  City  of 

fSEAIi^ 

New  York,  on  the  day  and  year  above  written. 

Thos.  Sadler, 

Commissioner  for  the  State  of  Kansas, 
11  Wall  St.,  New  York. 

[The  original  of  the  foregoing  instrument  was  tiled  for 
record  in  the  office  of  the  Register  of  Deeds  for  the  County 
of  Labette,  State  of  Kansas,  May  21,  18()9,  and  is  recorded 
in  said  office  in  Book  “A”  for  the  record  of  deeds,  at  page 
180  and  following.  The  foregoing  is  an  accurate  copy  of  the 
mortgage  as  there  recorded.] 


TEBO  AND  NEOSHO  RAILROAD  COMPANY. 


FIRST  MORTGAGE, 

JUNE  I,  1870. 

THIS  INDENTURE,  made  at  the  City  of  New  York,  State  of 
New  York,  on  the  first  day  of  June,  A.  D.,  1870,  between  the 
Tebo  and  Neosho  Railboad  Company,  a corporation  duly 
organized  and  incorporated  under  the  laws  of  the  State  of 
Missouri,  party  of  the  first  part,  and  the  Union  Trust  Com- 
PANY,  of  the  City  of  New  York,  party  of  the  second  part,  AVit- 
iiessetli  : 

That  Whereas,  the  said  Railroad  Coni})any  is  desirous  of  tor  Construc- 
. . , . . • • T -1  tion  from  Sedalia 

building,  equipping,  and  operating  the  })ortion  of  its  Railroad  southwest  to  State 

running  from  Sedalia,  in  Pettis  County,  State  of  ^Missouri,  Miles, 

southwesterly  to  the  westerly  boundary  of  said  State,  a dis- 
tance of  about  one  hundred  miles,  and  for  that  jmrpose  pro- 
poses to  borrow  the  sum  of  two  millions  (>f  dollars,  and  in 
evidence  thereof  to  make  and  issue  bonds  in  sums  of  one  thou- 
sand dollars  each,  in  manner  and  form  as  herein  below  set 
forth,  and  to  secure  the  payment  of  said  bonds,  to  mortgage  its 
entire  j)ro[)erty,  and  also  all  its  franchises  belonging  and  ajipli- 
cable  to  the  said  jiortion  of  its  Railroad  between  the  jioints 
above  named. 

Which  bonds  so  to  be*  issued  are  numbered  from  one  to 
two  thousand,  both  inclusive,  and  are  in  the  form  following, 
viz : — 

United  States  of  America, 

State  of  Missofri. 

Tebo  and  Neosho  Railroad  Co.mpany  of  ^Missouri.  , 

Form  of  Bond. 

Firnf  Mortcfuge,  Seven  2)er  Cent.  Gold  Bond. 

No. $1,000. 

Know  all  Men  by  these  Presents,  that  the  Tebo  and  Neosho 
RAiijiOAD  Company  is  indebted  to  the  Union  Trust  Company, 

( ) 


1()0  . THE  IMISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


Seven  per  cent. — 
Gold  — Principal 
and  Interest. 


Default  continued 
for  Six  Months. 


of  the  City  of  New  York,  or  bearer,  in  the  sum  of  one  thou- 
sand dollars,  in  gold  coin  of  the  United  States,  which  the  said 
Company  promises  to  pay  to  the  bearer  hereof,  on  the  first 
day  of  June,  A.  D.,  1903,  in  the  City  of  New  York,  with 
interest  thereon  from  the  date  hereof,  ;it  the  rate  of  seven  per 
cent,  per  annum,  payable  in  gold  coin  aforesaid,  semi-annually, 
at  the  City  of  New  York,  at  their  office  or  agency,  on  the  first 
days  of  June  and  December  in  each  year,  upon  the  presenta- 
tion and  surrender  of  the  coupons  hereto  attached  as  they  sev- 
erally become  due;  and  in  case  of  the  non-payment  of  any 
half-yearly  installment  of  interest  which  shall  have  become  due 
and  been  demanded,  and  such  default  shall  have  continued  six 
months  after  demand,  the  principal  of  this  bond  shall  become 
due,  in  the  manner  and  with  the  effect  provided  for  in  the 
trust  deed  or  mortgage  hereinafter  mentioned. 


Series  of  2000  Bonds. 


Secured  by  Mortgage 
upon 


Road  from  Sedalia 
to  State  Line,  100 
Miles. 


Sinking  Fund. 


Redemption  of 
Bonds. 


This  bond  is  one  of  a series  numbered  consecutively  from 
one  to  two  thousand,  both  inclusive,  each  for  the  sum  of  one 
thousand  dollars,  amounting  in  the  aggregate  to  the  sum  of 
two  millions  of  dollars,  all  of  which  are  of  like  tenor,  date  and 
effect,  and  are  equally  secured  by  a trust  deed  or  mortgage, 
dated  the  first  day  of  June,  A.  D.,  1870,  duly  executed  and 
recorded  in  the  proper  office  in  the  State  of  Missouri,  and  con- 
veying to  the  said  Union  Trust  Company  of  the  City  of  New 
York,  in  trust,  that  portion  of  the  road  of  said  Company,  now 
or  hereafter  to  be  constructed,  from  Sedalia,  Pettis  County, 
State  of  Missouri,  to  the  western  boundary  of  said  State,  a 
distance  of  about  one  hundred  miles,  too:ether  with  all  and 
singular  the  equipments,  appurtenances,  and  franchises  in 
said  trust  deed  or  mortgage  mentioned,  as  by  reference  thereto 
will  more  fully  appear. 

This  bond  is  entitled  to  the  benefit  of  a sinking  fund,  created 
by  said  trust  deed  or  mortgage,  to  consist  of  annual  deposits, 
commencing  after  three  years  from  the  date  hereof,  of  one  per 
cent,  and  interest  thereon  at  the  rate  of  seven  per  cent,  per 
annum  in  gold  coin  aforesaid,  of  the  aggregate  principal  of 
the  bonds  secured  by  the  said  trust  deed  or  mortgage;  by  the 
operation  of  which  fund,  the  whole  principal  of  said  bonds 
will  be  redeemed  in  thirty  years,  from  the  date  of  the  first 
annual  deposit,  and  it  is  also  jirovidedin  and  by  said  trust  deed 
or  mortgage,  that  each  and  every  year  after  said  third  year  an 
amount  of  bonds  equal  to  the  aceumulations  in  said  sinking 
fund  shall  be  designated  for  redemption  by  lot,  and  shall  be 
redeemed  at  the  })ar  value  thereof,  due  notice  of  the  number 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


1(51 


so  designated  Iiaving  been  })revioiisly  pnblislied  in  two  or 
more  of  the  daily  newspapers  printed  in  the  City  of  New  York  ; 
for  sixty  days,  at  the  expiration  of  which,  interest  on  the 
bonds  so  desio’iiated  shall  cease. 

This  bond  shall  not  become  obligatory  until  it  shall  have  Qe^tification. 
been  authenticated  by  a certiticate  indorsed  thereon  duly 
signed  by  the  Trustee  aforesaid. 


Ill  Witness  Wliereof , the  said  Tebo  and  Neosho  Rail- 
road Co:mpany  has  caused  its  corporate  name 
and  seal  to  be  hereto  affixed  by  its  President  and 
Secretary,  the  first  day  of  June,  A.  D.,  1870. 


Xow,  Therefore,  the  said  Tebo  and  Neosho  Railroad  Com- This  Indenture 
PANY,  for  and  in  consideration  of  the  premises  and  of  the  sunD®*^'®^®' 
of  one  dollar  to  it  duly  i)aid  by  the  i)arty  hereto  of  the  second 
part,  and  in  order  to  secure  the  })ayment  of  the  principal  and 
interest  of  the  said  bonds,  according  to  the  tenor  thereof,  hath 
granted,  bargained,  sold,  transferred,  and  conveyed,  and  by 
these  presents  doth  grant,  l)argain,  sell,  transfer,  and  convey 
unto  the  said  party  of  the  second  part,  its  lawfnl  successors  in 
the  trust  hereby  created,  and  assigns  : 


All  and  Singular  the  said  portion  of  the  Railroad  of  the  said  Road  from  Sedalia 
party  of  the  first  part,  or  which  the  said  party  of  the  first  l)art 
is  by  law  authorized  to  construct  from  Sedalia,  in  Pettis  County, 

State  of  Missouri,  to  the  western  boundary  of  said  State,  as 
the  same  is  or  hereaft(;r  shall  be  considered  [constriudcul,]  a 
distance  of  about  one  hundred  miles,  together  with  all  lands, 
tenements,  and  hereditaments  ac(]uired,  or  to  b(‘  ac(iuired,  for 
rights  of  way  for  the  said  portion  of  railroad  hereby  conveyed, 
and  all  the  appurtenances  thereto  belonging,  and  also  all  lands 
ac(piired  and  a})pro})riat(5d,  or  to  be  acapiired  or  ap})ro})riated 
for  dei)ots,  snperstriictnres,  buildings,  erections,  and  fixtures 
on  the  said  line  of  railroad,  and  all  tracks,  bridges,  viaducts.  Buildings,  etc. 
culverts,  fences,  and  all  houses  and  buildings  tlu'reon  or  apper- 
taining thereto,  and  all  other  pro})erty  real  or  personal  now 
owned  or  hereafter  to  be  acejuired  by  the  party  of  the  first  part, 
its  successors  or  assigns,  for  the  construction,  operation  or 
management  of  said  line  of  railroad,  including  all  locomotives, 
tenders,  cars,  and  other  rolling  stock  and  e(|nii)ments,  machin- Koiiing  Stock,  etc. 
ery,  tools,  materials,  and  also  all  the  fninchises,  })owers,  rights, 
and  privileges  belonging  or  a])plicable  to  said  portion  of  railroad 
between  the  points  above  named,  now  owned  or  i)ossessed,  or 


162 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


To  have  and  to  hold. 


Trusts  declared. 


Possession  to  remain 
with  Railway  Com- 
pany, until,  etc. 


Taxes,  etc.,  paid. 


Default  continued 
for  Six  Months. 


which  may  hereafter  be  by  said  party  of  the  first  part  acquired, 
for  the  construction,  maintenance,  and  operation  of  said  por- 
tion of  railroad. 

To  Have  and  to  Hold  the  above  mentioned  and  described 
premises,  rights,  franchises,  railroad,  real  and  personal  prop- 
erty unto  the  said  party  of  the  second  part,  its  successors  in 
this  relation,  and  assigns. 

In  Trust  for  the  several  persons,  firms,  bodies  politic  or 
corporate,  who  may  hereafter  become  the  purchasers,  owners 
or  bearers  of  any  or  either  of  said  bonds,  subject  to  the  terms, 
provisions,  and  stipulations  in  said  bonds  contained,  and  also 
subject  to  the  possession  and  management  of  said  railroad  and 
property  by  said  Railroad  Company,  and  its  successors  and 
assigns,  so  long  as  no  default  shall  be  made  in  the  payment  of 
either  interest  or  principal  of  said  bonds  or  any  or  either  of 
them,  or  in  payment  of  the  amount  of  money  as  hereinafter 
provided  for  the  sinking  fund,  and  so  long  as  the  said  Railroad 
Company  shall  well  and  truly  perform  all  and  singular  the  con- 
ditions and  stipulations  of  the  said  bonds,  and  observe  and  keep 
all  the  covenants  in  this  Indenture  contained  and  set  forth,  and 
which  are  to  be  observed,  kept,  and  performed  by  and  on  the 
part  of  the  said  Railroad  Company. 

And  this  Indenture  Further  Witnesseth,  that  the  said 
party  of  the  first  part  doth  hereby  covenant,  promise,  and 
agree  with  the  said  party  of  the  second  part  as  follows:  — 

First.  — The  Party  of  the  First  Part  will  pay,  or  cause 
to  be  paid,  the  bonds  herein  mentioned,  and  the  interest 
thereon,  according  to  the  terms  thereof,  and  all  taxes,  levies, 
and  assessments  imposed  and  assessed,  or  which  may  hereafter 
be  imposed  and  assessed  upon  the  premises,  franchises,  and 
property  hereby  conveyed  or  intended  so  to  be,  and  also  the 
United  States  Government  tax  upon  the“  interest  payable  on 
said  bonds  and  each  of  them,  and  represented  by  the  coupons 
annexed  to  said  bonds,  and  will,  at  its  own  cost  and  expense, 
do,  or  cause  to  be  done,  all  things  necessary  to  preserve  and 
kee})  valid  and  intact  the  lien  or  incumbrance  hereby  created. 

Second.  — In  Case  Default  shall  be  made  for  six  months 
in  the  payment  of  any  interest  upon  either  of  said  bonds,  when 
the  same  shall  become  due  and  payable,  or  in  the  payment  of 
either  of  the  annual  deposits  hereinafter  provided  to  be  made 
for  the  sinking  fund,  the  whole  principal  sum  mentioned  in  each 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


lf)3 


and  all  of  said  bonds  then  outstanding  shall,  without  demand 
or  notice,  at  the  option  of  the  majority  of  the  holders  of  said 
bonds,  forthwith  become  due  and  payable,  and  the  lien  or 
incumbrance  hereby  created  for  the  security  and  payment  of 
said  bonds,  may  be  at  once  enforced.  And  in  such  case  it 
shall  be  lawful  for  the  said  l)arty  of  the  second  part  or  its  sue- may  enter, 
cessors  in  office,  to  enter  upon  all  and  singular  the  railroad 
property  and  premises  hereby  conveyed  or  intended  to  be  con- 
veyed, and  to  have,  hold,  use,  and  operate  the  same  until  the 
same  shall  have  been  sold  or  otherwise  disposed  of  in  pursu- 
ance of  the  power  hereinafter  mentioned,  or  by  virtue  of  the 
decree  of  some  court  of  competent  jurisdiction,  and  until  such 
time,  and  from  time  to  time,  to  make  all  needful  repairs  and 
replacements,  and  such  useful  alterations,  additions,  and 
improvements  to  said  railroad  as  may  be  necessary  for  the 
proper  working  of  the  same,  and  to  receive  the  tolls,  freight, 
income,  rents,  issues,  and  })rofits  thereof,  and  after  deducting 
the  expenses  of  operating  and  managing  the  said  railroad  and 
other  property,  and  of  the  said  repairs,  re[)lacements,  addi- 
tions, and  improvements  as  well  as  just  comi)ensation  for  its 

....  Expenses  of  this 

own  services,  and  for  the  services  or  such  attorneys  and  conn- Trust. 

sel  as  may  have  been  by  it  employed,  to  apply  the  moneys  ac- 
cruing as  aforesaid  to  the  payment  of  the  said  bonds,  rata ^ 
and  without  disci’iniination  or  })refer(mce,  and  thereafter  to  pay 
over  any  sui-plus  to  the  said  })arty  of  the  first  part,  its  sue- 
cessors  or  assigns,  or  as  any  court  of  com})etent  jurisdiction 
shall  order,  and  to  restore  the  said  railroad  and  other  pro})- 
erty  to  the  said  party  of  the  first  ])art. 


Tiiiui).  — III  Case  Default  shall  1h‘  made,  and  continue,.  , 

Default  continued. 

as  aforesaid,  the  iiarty  of  the  second  part  or  its  successors  in 
this  trust,  may,  and  upon  the  written  recjuest  of  the  hohhu-s 
of  at  least  five  hundrcal  of  such  bonds  then  outstanding:,  shall 


foreclose  this  mortijai^e  bv  higal  proceedings,  oi-  sell,  or  (‘{luse  Lej^nl 

• 1^1  * 1 T-  I • 1 Proceedin<;s  upon 

to  be  sold,  the  said  Railroad,  franchises,  and  [iroperty,  real  and  iioquest  of  Holders 

})ersonal,  hereby  conveyed  or  intended  so  to  bi‘,  and  all  bene-^^  lionds. 

tit  and  eipiity  of  redemption  of  the  party  of  the  first  part,  in 

and  to  the  same  and  every  ])art  thereof,  with  the  benefit  of  the 

franchisi^s  aforesaid,  which  said  last-mentioned  sale  shall  lx;  at 

public  auction  at  the  City  of  New  York,  or  at  Sedalia,  Pettis 

County,  State  of  Missouri,  on  previous  notice  of  the  time  and  Notice  of  Sale. 

place  of  such  sale,  by  advertisement,  })ublished  not  l(;ss  than 

three  times  a week  for  ten  weeks,  in  at  least  two  news})a})ers  of 


164 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Trustees’  Deed. 


Expenses  of  this 
Trust. 

Proceeds  of  Sale. 
Surplus. 

Trustee  may  pur- 
chase, when. 


lleorcjanization  of 
Company. 


geiienil  circulation,  publislied  in  the  City  of  New  York,  and 
two  in  Sedalia,  Pettis  County,  State  of  Missouri,  aforesaid, 
and  in  such  other  places  as  may  be  re(iuired  by  law,  and  in  such 
case  said  party  of  the  second  part,  and  its  successors  in  this 
trust,  shall  make  and  deliver  to  the  purchasers  of  the  said 
premises,  good  and  sufficient  deeds  of  conveyance  for  the  same 
in  fee  simple,  and  said  sale  and  conveyance  shall  be  a perpet- 
ual bar  both  in  law  and  equity,  against  the  party  of  the  first 
})art,  its  successors  and  assigns,  and  all  other  persons  claiming 
l)y,  through,  or  under  them,  of  all  right,  title,  interest  or  claim 
in  or  to  said  railroad,  premises,  and  property,  and  every  part 
and  parcel  thereof. 

In  Case  of  such  Sale,  the  said  party  of  the  second  part 
shall  deduct  from  the  proceeds  of  such  sale  its  just  allowances 
for  the  expenses  thereof,  including  attorneys  and  counsel  fees, 
and  all  expenses  which  may  have  been  incurred  in  operating, 
mana^in^  or  maintaining^  the  said  railroad,  or  in  manao:in^  the 
business  thereof,  as  well  as  just  compensation  for  its  own  ser- 
vices, and  thereafter  shall  apply  so  much  of  the  proceeds 
as  may  be  necessary  to  the  payment  of  the  principal  and  inter- 
est of  the  said  bonds  then  remaining  unpaid,  pro  rata^  without 
discrimination  or  preference,  and  any  surplus  remaining  after 
such  payment,  shall  be  paid  over  to  the  said  party  of  the  first 
part,  or  as  any  court  of  competent  jurisdiction  shall  order. 

Fourth.  — At  any  Sale  of  the  aforesaid  Property,  or  of  any 
part  thereof , made  by  virtue  of  these  presents,  or  by  judicial 
authority,  the  said  party  of  the  second  part,  or  its  successors, 
if  requested  so  to  do  by  the  holders  of  a majority  of  the  then 
outstanding  bonds  secured  by  this  mortgage,  may  purchase  the 
property  so  sold,  or  any  part  thereof,  on  behalf  of  all  the 
holders  of  the  said  bonds  then  outstanding,  at  a reasonable 
])rice,  if  but  a portion  of  said  property  shall  be  so  purchased  ; 
or  if  all  of  it  be  purchased,  then  at  a price  not  exceeding  the 
whole  of  such  bonds  then  outstanding,  with  the  interest  accrued 
thereon.  And  having  so  purchased  said  premises,  the  right 
and  title  thereto  shall  vest  in  said  party  of  the  second  j)art, 
and  no  bondholder  shall  have  any  claim  iq)on  the  i)remises  or 
the  proceeds  thereof,  except  for  his  pro  rata  share  of  the  pro- 
ceeds of  said  purchased  ])remises,  as  represented  in  a new 
com|)any  or  corporation  to  be  formed  for  the  use  and  benelit 
of  the  holders  of  the  bonds  secured  hereby  ; said  new  com- 
pany or  corporation  shall  be  organized  upon  such  terms  and 


TIIK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


165 


conditions  jind  limitations,  and  in  such  manner  as  the  holders 
of  a majority  of  said  outstanding  bonds  secured  by  this  mort- 
gage, shall  in  writing  request  or  direct,  and  the  said  party  of 
the  second  part,  or  its  successors  so  purchasing,  shall  thereupon 
reconvey  the  premises  so  purchased  to  the  said  neAv  company 
or  corporation. 

Fifth.  — The  Party  of  the  First  Part,  in  consideration  Sinking  Fund, 
aforesaid,  further  covenants  and  agrees  with  the  party  of  the 
second  part  and  its  successors  in  this  trust,  that  the  said  party 
of  the  first  part,  its  successors  and  assigns,  will,  on  the  first 
day  of  June,  A.  D.,  1873,  and  on  the  first  day  of  June  annually 
thereafter,  pay  to  the  party  of  the  second  part,  or  its  succes- 
sors as  aforesaid,  as  a sinking  fund,  in  gold  coin  of  the  L^nited 
States  of  America,  a sum  equal  to  one  })er  cent,  of  the  aggre- 
gate principal  of  the  bonds  secured  hereby,  together  with 
interest  thereon  at  the  rate  of  seven  |)er  cent,  per  annum,  in 
gold  coin  as  aforesaid,  by  the  operation  of  which  sinking  fund, 
the  whole  principal  of  said  bonds  will  be  redeemed  in  thirty 
years  from  the  date  of  the  first  annual  })ayment.  And  it  is 
mutually  agreed  between  the  parties  hereto,  that  the  said  party 
of  the  second  jiart,  shall  in  each  jind  every  year  after  said  first 
l)ayment,  designate  for  redemption  by  lot,  an  amount  of 
bonds  e(|ual  to  the  accumulations  in  said  sinking  fund,  which 
shall  be  redeemed  at  the  [)ar  value  thereof,  due  notice  of  the 
numbers  of  the  bonds  so  designated  having  been  previously 
})ublished  by  said  party  of  the  second  part  in  two  or  more  of 
the  daily  newspapers  printed  in  the  City  of  New  York,  for 
sixty  days,  at  the  expiration  of  which,  interest  on  the  bonds  so 
designated  shall  cease,  and  the  pi’emises  embi-aced  in  this 
mortgage  shall  thereafter  be  discharged  from  so  much  of  the 
lien  hereby  imposed  thereon,  as  th(‘  bonds  amount  to  thus 
designat(*d  for  payment.  And  it  is  further  mutually  agreed, 
that  th(5  said  party  of  the  second  })art,  shall  and  will  cancel 
and  discharge  each  and  every  of  the  bonds  secured  by  this  Q.^ijceiiation  of 
mortgage,  with  all  the  interest  coupons  annexed  thei’eto,  which 
slndl  be  redeemed  as  aforesaid,  and  will  make  or  cause  to  be 
made  upon  each  bond  a brief  note  or  memorandum,  stating 
when  the  same  was  cancel hal  and  from  whom  said  bond  was 
received,  in  such  manner  and  form  as  will  enable  the  party  of 
the  tirst  part  to  trace  the  transaction,  jind  will  immediately 
return  so  many  bonds  as  are  redeemed  to  the  said  party  of  the  RegistryofKedeemed 
tirst  part  cjincelled,  and  that  a pro[)er  registry  and  account  of 
all  the  bonds  so  redeemed  shall  be  kept  by  both  of  said  })arties 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


16() 


hereto,  and  shall  be  open  for  the  examination  and  inspection 
of  any  i)arties  in  interest,  at  all  reasonable  times.  And  the 
mini  her  or  amount  of  said  bonds  cancelled  shall  be  reported 
by  the  said  party  of  the  hrst  part  to  its  stockholders  in  each 
of  its  annual  statements. 


Expenses  of  this  SiXTH.  — The  Said  Party  of  the  Second  Part,  and  its  succes- 

sors  in  this  trust,  may  employ  at  the  expense  of  the  party  of 
the  first  part,  such  attorneys,  counsel  or  other  agents  as  may 
be  necessary,  in  the  execution  of  the  trusts  hereby  created, 
and  shall  be  entitled  to  just  compensation  for  all  services 
rendered  in  the  execution  of  this  trust,  and  to  be  reimbursed 
for  all  necessary  expenditures  in  and  about  the  same,  to  be 
paid  by  the  party  of  the  first  part,  unless  herein  otherwise  pro- 
vided. And  the  said  party  of  the  first  part,  for  itself  and  its 
Covenant  for  further  assigns,  hereby  covenants  and  agrees  to  execute  and  deliver  to 
the  said  party  of  the  second  part,  or  its  successors  in  this  trust, 
any  and  all  further  reasonable  and  necessary  deed  or  deeds, 
conveyance  or  conveyances,  for  the  more  fully  securing  the 
payment  of  said  bonds. 


Defeasance. 


Kelease  of  this 
Mortgage. 


Provided  always,  and  this  grant  and  conveyance  is  upon  the 
express  condition,  that  upon  the  payment  in  full  of  said  bonds, 
and  the  interest  due  thereon,  then  the  estate,  title,  and  interest 
hereby  granted,  shall  cease,  determine,  and  be  void  ; and  the 
said  party  of  the  second  part,  or  its  successors  in  this  trust, 
shall  duly  execute  and  deliver  to  the  said  party  of  the  first 
part,  a proper  release  or  satisfaction  of  this  mortgage. 


Ill  Witness  Whereof,  the  said  Tebo  and  Neosho 
Kailboad  Company  has  caused  this  Indenture  to 
be  subscribed  in  its  corporate  name  by  its  Pres- 
ident and  Secretary,  and  has  caused  its  corporate 
seal  to  be  hereto  affixed. 

Tebo  and  Neosho  Railiioad  Company, 

By  Fbancis  Skiddy,  President. 
George  C.  Clark,  Secretary. 

In  presence  of 

Oliver  P.  C.  Billings, 


State  of  Neav  York, 

City  and  County  of  Nfav  York, 

Notarial  CertiHcate  K reineinbered,  that  on  the  first  day  of  dune,  A.  I).,  one 

of  Acknowledgment,  tlionsjind  eight  hundred  and  seventy,  before  me,  the  subscriber, 
Olivei-  P.  C.  Ifillings,  a Commissioner  in  and  for  the  State  ol‘ 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


167 


New  York,  appointed  by  the  Governor  of  the  State  of  Mis- 
souri, to  take  proof  and  acknowledgment  of  deeds,  mortgages, 
or  any  other  instrument  to  be  used  or  recorded  in  the  said 
State  of  Missouri,  personally  appeared  Francis  Skiddy  and 
George  C.  Clark,  who  are  personally  known  to  me  to  be  the 
identical  persons  whose  names  are  affixed  to  the  foregoing 
Indenture,  as  respectively  President  and  Secretary,  and 
acknowledged  the  same  to  be  the  voluntary  act  and  deed  of 
said  Tebo  and  Neosho  Railroad  Company,  and  each  being  by 
me  duly  sworn,  deposes  and  says,  each  for  himself,  that  he, 
Francis  Skiddy,  is  President,  and  that  he,  George  C.  Clark,  is 
Secretary,  of  said  Railroad  Company;  that  they  signed  the 
foregoing  instrument  as  such  President  and  Secretary,  and 
caused  the  corporate  seal  of  said  Company  to  be  affixed 
thereto,  all  as  the  act  and  deed  of  said  Company,  by  order 
and  authority  of  said  Company,  for  the  uses  and  purposes 
therein  mentioned. 

Ill  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal,  in  the  City  of  New 
York,  on  the  day  and  year  above  written. 

Oliver  P.  C.  Billings, 
Vo'ia7nissioner  for  the  State  of 

lo  Nai^mu  Street^  JV^eiv  York. 

[The  original  of  the  foregoing  instrument  was  filed  for 
record  in  the  offieci  of  the  Recorder  of  Deeds  for  the  County 
of  Pettis,  State  of  Missouri,  on  th(‘  loth  day  of  elum^, 
and  is  recorded  in  said  office  in  “Trust  Decul  and  Morti2a<re 
Record  No.  4,”  at  iia^e  2)S()  and  followin<^.  Tlu‘  f()re<»;oin<r  is 
an  accurate  cojiy  of  the  instrument  as  there  recorded.] 


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HANNIBAL  AND  CENTRAL  MISSOURI  RAIL- 
ROAD COMPANY. 


FIRST  MORTGAGE. 


APRIL  20,  1870. 


THIS  INDENTURE,  made  the  twentieth  day  of  April 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  seventy, 
between  the  Hannibal  and  Central  Missouri  Railroad 
Company,  a body  corporate,  duly  created  and  existing  under 
the  laws  of  the  State  of  Missouri,  of  the  first  jiart,  and  the 
Farmers’  Loan  and  Trust  Company,  of  the  City  of  New 
York  and  State  of  New  York  of  the  second  part; 

Whereas,  said  Railroad  Company  by  its  charter  is  Jiidhor- 
ized  to  borrow  such  sums  of  money  as  may  be  required  to 
complete,  finish,  and  equip  its  road  and  to  make  and  issue  its 
bonds  for  any  amount  so  borrowed  and  to  mortgage  its  cor- 
porate property  and  franchises  or  any  part  thereof  as  security 
for  the  payment  of  said  bonds,  and 


Wliereas,  the  parties  of  the  fir.st  part  are  anxious  to  pro- Series  of  1100  Bonds, 
cure  the  money  necessary  to  complete  their  road,  and  to  that 
end  propose  to  make  and  issue  from  time  to  time  their  bonds 
(principal  and  interest  payable  in  gold  coin)  to  the  amount  of 
eleven  hundred  thousand  dollars  in  tlie  aggregate,  being  fif- 
teen thousand,  five  hundred  dollars  for  each  and  every  mile 
the  road  of  said  company,  and  thereby  become  indebted  to 
divers  persons,  bodies  politic  or  corporate,  who  shall  become 
holders  of  said  bonds;  each  of  said  bonds  to  })ear  date,  on  the 
second  day  of  May  in  the  year  of  our  Lord,  1870,  and  each 
payable  in  the  sum  of  one  thousand  dollars  to  R.  F.  Lakeman, 

Kscp,  or  bearer,  at  the  agency  of  the  Company  in  the  City  of 

New  York,  on  the  first  day  of  May,  A.  1).,  one  thousand  eij^ht  „ , , . 

hundred  and  ninety,  with  interest  from  date  at  the  rate  of  1890. 

seven  per  cent,  per  annum,  payable  at  the  same  place  half 

yearly,  on  the  first  days  of  November  and  May  of  each  year 

( ) 


170 


THE  MISSOUKI,  KANSAS  AND  TEXAS  KAILWAY. 


respectively  for  which  interest  coupons  or  warrants  are  to  be 
attached;  that  each  of  said  bonds,  for  the  purpose  of  identifi- 
cation, is  to  be  numbered  in  consecutive  series  from  one  to 
eleven  thousand,  both  inclusive,  and  that  on  each  bond  shall 
, ^ be  printed  or  written,  a certificate  sio^ned  by  the  Trustee  herein 

' named  ; that  such  bond  is  one  of  the  series  of  eleven  hundred 
bonds  intended  to  be  secured  by  these  presents. 

Bo^ndf^^^  secure  And  Whereas,  the  party  of  the  first  part  further  propose  to 
secure  the  payment  of  all  said  bonds,  principal  and  interest,  by 
the  execution  and  delivery  of  a mortgage  or  trust  deed  of  all 
the  property  and  franchises  of  said  Railroad  Company,  now 
held  and  owned  by  said  Company,  or  such  as  may  be  hereafter 
acquired,  as  the  same  is  hereinafter  more  fully  set  forth,  all  of 
said  bonds  to  be  equally  secured  by  these  presents,  without 
reference  to  the  relative  time  any  bond  may  have  been 
issued. 


This  Indenture 
conveys. 


Koad  from  Hannibal 
to  Moberly. 


Buildings. 


Franchises,  etc. 


Now,  Therefore,  This  Indenture  Witnesseth,  that  the  said 
parties  of  the  first  part  the  better  to  secure  the  payment  of  all 
of  said  bonds  (amounting  in  the  aggregate  to  eleven  hundred 
thousand  dollars)  and  no  more,  with  interest  at  the  times  and 
in  the  manner  herein  mentioned  and  set  forth,  and  for  and  in 
consideration  of  the  sum  of  one  dollar  by  the  parties  of  the 
second  part,  in  hand  paid  to  the  said  parties  of  the  first  part, 
at  or  before  the  ensealing  and  delivery  of  these  presents,  the 
receipt  whereof  is  hereby  acknowledged  ; have  granted,  bar- 
gained, sold,  transferred,  and  set  over,  conveyed,  and  confirmed, 
and  by  these  presents  do  grant,  bargain,  sell,  transfer,  and  set 
over,  convey,  and  confirm  unto  the  said  Farmers’  Loan  and 
Trust  Company,  party  of  the  second  part,  their  successor  or 
successors  and  assigns  forever,  all  and  singular,  the  right  of 
way  and  Railroad  of  said  parties  of  the  first  part,  constructed 
or  to  be  constructed,  from  the  City  of  Hannibal  in  the  County 
of  Marion  and  State  of  Missouri,  to  the  town  of  Moberly, 
County  of  Randolph  and  State  of  Missouri,  as  the  same  is  now 
laid  out,  or  at  any  time  hereafter  may  be  laid  out  and  used, 
together  with  all  the  rails,  embankments,  bridges,  turn-outs, 
side-tracks,  structures,  water-tanks,  and  fixtures,  shops,  engine 
and  other  houses,  depots  and  turn-tables,  now  owned  or  used, 
or  that  may  hereafter  be  owned,  acquired  or  used  by  the  par- 
ties of  the  first  part  in  connection  with  the  said  Railroad,  and 
everything  appurtenant  thereto;  and  all  the  franchises, 
powers,  privileges,  and  chartered  or  other  rights,  of  the  said 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


171 


the  Hannibal  and  Central  Missouri  Railroad  Company, 

now  laid,  or  which  may  hereafter  be  laid,  or  acquired  by  said 

Company,  together  with  all  the  rents  and  profits,  income, 

gains,  moneys,  rights,  benefits,  and  advantages  derived  or  to 

be  derived,  received,  or  in  any  way  whatsoever  had  therefrom 

by  said  parties  of  the  first  part,  reserving,  however,  the  right 

thereafter  to  issue  equipment  bonds,  which  shall  be  secured  by  Right  reserved  to 

a first  lien  or  mort^a^e  on  all  the  rolling  stock  and  movable 

^ ® ® ^ , Second  Mortgage 

equipments,  and  a second  mortgage  or  hen  on  the  road,  fran- Bonds. 

chises,  and  property  of  the  Company  embraced  in  this  deed  of 

of  trust. 

To  Have  and  to  Hold,  all  and  singular,  the  above  granted  To  have  and  to  hold 
and  described  premises,  rights,  franchises,  and  property  with 
the  appurtenances  thereto  belonging,  unto  the  said  party  of 
the  second  part,  their  successor  or  successors  and  assigns  for- 
ever. 

In  Trust,  Nevertheless,  for  the  person  or  persons,  and  Trusts  declared, 
bodies  politic  or  corporate,  who  at  any  time  shall  become 
holders  or  owners  of  the  said  lionds,  or  an}'  of  them,  subject 
to  the  terms  and  stipulations  of  said  bonds  and  tlie  provisions 
of  the  acts  of  the  Legislature  of  Missouri,  relating  to  the  said 
Company,  subject  also  to  the  stijiulations  of  two  contracts 
made  by  the  parties  of*  the  first  part  with  other  com})anies 
hereinafter  particularly  referred  to;  and  also  subject  to  the 
possession,  conti-ol  iind  iniiiiagoinent  of  tlio  said  coin|)any,  ^ 

parties  of  the  first  riart,  so  long  as  the  said  com])anv  shall  Company, 

well  and  truly  perform  all  and  singular  the  stijiulations  of  the 
bonds  aforesaid  and  the  covenants  of  this  indenture. 

And  the  said  Company,  parties  of  the  first  })art,  for  them- 
selves, their  successors  and  assigns,  do  hereby  covenant  and 
agree  to  and  with  the  said  parties  of  the  second  jiart,  their  suc- 
cessors and  assigns,  to  pa}'  to  the  holders  or  owners  of  said 
bonds  resiiectively,  the  princi})al  money  thereof,  and  also  tlui 
interest  stiiiulated  on  said  bonds,  in  gold  coin  of  the  United 
States,  and  that  in  case  of  six  months’  default  to  pay  either  Default  continued 
princiiial  or  interest  of  said  bonds,  oi*  anyone  of  them,  ^vhen 
due  and  jiayable  and  demanded,  and  upon  the  recpiest  in  writ- 
ing of  a majority  in  interest  of  the  holder  or  holders  of  said 
bonds  on  which  interest  or  })rineipal  has  not  been  duly  paid  as  Trustee  may  enter 
aforesaid,  said  Trustees  sliall  take  actual  ))ossession  of  all  .yjd  uito  Possession, 
singular  the  pro})erty  and  efiects  mortgaged,  and  the  agent 
or  agents  of  said  Railroad  actually  in  iiossession  thereof  are 


172 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


ordered  to  give  sueh  possession  to  said  Trustees,  parties  of  the 
second  part  hereto ; and  the  said  Trustees  shall  cause  the  said 
mortgaged  premises,  or  so  much  thereof  as  maybe  necessary  to 
pay  and  discharge  the  entire  principal  and  interest,  whether  or 
not  due,  on  all  of  said  bonds  as  may  be  unpaid,  together  with 
Power  of  Sale.  expenses  of  sale,  to  be  sold  at  public  auction  at  either  of  the 

Cities  of  New  York,  in  the  State  of  New  York,  and  St.  Louis, 
in  the  State  of  Missouri,  giving  at  least  ninety  days’  notice  of 
the  time,  place  and  terms  of  such  sale,  and  of  the  specific 
Notice  of  Sale.  property  to  be  sold,  by  publishing  the  same  in  one  or  more 
newspapers  of  good  circulation  printed  in  each  of  the  cities 
aforesaid,  and  wherever  else  required  by  law,  with  power  in 
said  Trustee  to  adjourn  the  time  of  sale  from  time  to  time,  and 
make  the  same  on  any  adjourned  day  ; and  execute  to  the  pur- 
Trustees’  Deed.  chaser  or  purchasers  thereof  a good  and  sufficient  deed  or  deeds 
of  conveyance  in  fee  simple  for  the  same,  Avhich  shall  be  a bar 
against  the  parties  of  the  first  part,  and  second  part,  their,  and 
each  of  their,  successors  and  assigns,  and  all  persons  claiming 
under  them  or  either  of  them,  of  all  right,  title,  interest,  claim 
or  demand,  in  law  or  equity  in  or  to  the  said  mortgaged  prem- 
ises, or  any  part  thereof,  and  on  and  after  such  request  to  take 
possession  and  until  such  sale,  said  Trustee  shall  receive  and 
collect  all  the  incomes,  revenues,  and  profits  of  the  said  Rail- 
road and  mortgaged  premises  for  the  security  hereinbefore 
declared,  first  defraying  out  of  the  same,  the  expenses  of  said 
Road,  and  making  all  needful  repairs  thereto,  it  being  under- 
stood, however,  that  whereas  the  parties  of  the  first  part  have- 

Traflac  Agreement  of  (3 into  a contract  dated  June  22nd,  18(58,  with  the  Toledo, 
June  22,  1878,  with  i ^ n/r- 

certain  Companies.  Wabash  and  Western  Railway  Company,  the  North  Missouri 

Railroad  Company,  and  Hannibal  and  Naples  Railroad  Com- 
pany, providing  for  the  interchange  of  business,  the  making 
and  division  of  through  rates  and  other  matters. 

And  Wliercas,  to  insure  the  more  certain  execution  of  the 
provisions  of  the  contract  aforesaid,  the  first  party  is  about  to 
enter  into  a contract  with  the  Hannibal  Bridge  Com})any, 
authorized  by  the  laws  of  the  States  of  Missouri  and  Illinois, 
providing  for  the  erection  of  a bridge  over  the  Mississippi 
River  at  Hannibal,  and  regulating  its  use,  with  the  tolls  to  be 
charged,  and  other  matters  relating  thereto,  reference  being 
here  had  to  both  of  said  contracts  executed  and  to  be  exe- 
cuted, for  ])articulars  and  details;  and  it  being  intended  that 
this  mortgage  should  be  subject  to  the  terms  and  conditions  of 
both  of  said  agreements,  it  is  hereby  particularly  understood 


Contract  with 
Hannibal  Bridge 
Company. 


THE  ^MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


173 


and  agreed  by  and  between  the  parties  liereto,  that  in  case  the 
parties  of  the  second  part,  their  successors  or  assigns,  should 
at  any  time  take  possession  of  and  sell  the  mortgaged  prem- 
ises, that  such  possession  should  be  subject  to  performance  by 
him  or  them  of  the  terms  of  said  contracts  to  be  performed 
by  said  parties  of  the  first  part  hereto,  and  that  incase  of  sale 
and  conveyance  of  said  mortgaged  premises,  such  sale  and  con- 
veyance would  be  subject  to  the  performance  by  the  purchaser 
of  the  terms  and  stipulations  of  both  said  contracts  as  therein 
provided  to  be  performed  by  the  parties  of  the  first  part  hereto  ; 
and  the  said  parties  of  the  second  part,  their  successors,  [and] 
assigns,  after  deducting  from  the  proceeds  of  said  sale  the  costs  Proceeds  of  Sale, 
and  expenses  thereof,  and  the  costs,  charges,  and  expenses  of 
managing  said  property,  and  applying  so  much  of  the  pro- 
ceeds as  may  be  necessary  to  the  payment  of  the  said  entire 
principal  and  interest  remaining  unpaid  on  all  of  said  bonds, 
shall  return  the  residue  thereof  to  the  said  parties  of  the  first 
part.  It  being  hereby  expressly  agreed  and  understood  that 
in  no  case  shall  any  claim  or  advantage  be  taken  by  the  par-^^aiv^  of  Stay  and 
ties  hereto  of  the  first  part  of  any  valuation,  ap})raisement,  or 
extension  laws,  nor  any  injunction  or  stay  of  i)roceedings,  or 
any  process  to  })e  api)lied  for,  or  obtained,  or  used  by  or  for 
them,  to  prevent  such  entry  or  sale  or  distri})ution  of  })roceeds 
of  sale  as  aforesaid. 


And,  it  is  fiirtlier  Und<‘rstood  and  Aj*Tee<l,  by  and  between  Pesignation,  etc., 
the  ))arties  hereto,  that  in  case  of  the  death,  resignation,  or 
inability  of  said  Trustees  or  their  successors  in  the  trust  to 
act  in  the  matter  of  the  trust,  tlie  parti(*s  of  tlie  first  ])art 
shall  by  a majorit}^  vot(i  of  theii*  Directors,  fortliwith  a[)point 


a new  Trustee  as  successor  in  the  trust,  and  in  case  of  neiflect 
or  refusal  for  the  sj)ace  of  thirty  days  on  the  part  of  the  said 
Comi)any  to  make  such  ai)p()intment,  the  holders  of  interest 
in  said  })onds,  to  the  extent  of  two  hundred  thousand  dollars, 
may  api)lv  to  the  person  who,  for  the  time  being,  may  be 
Judge  of  the  Circuit  Court  of  Marion  County,  Missouri,  to 
api)oint  some  suitable  person  a Trustee  ; and  after  such 
api)ointment  either  by  the  said  Judge  or  by  the  said  Company, 
and  acceptance  of  the  trust  by  the  person  so  ai)i)ointed,  the 
neAv  Trustee  shall  })ecome  vested  with  all  the  })roperty  and 
rights  of  the  party  of  the  second  part,  without  further  assur- 
ance or  conveyance  of  the  same. 


Tlie  said  l*arties  of  the  First  Part  do  hereby  further  cove- Covenant  for  further 
riant  and  agree  to  and  with  the  said  parties  of  the  second  part, 


174 


THE  MISSOURI,  KANSAS  AND.  TEXAS  RAILWAY. 


their  successors  and  assigns,  to  make,  execute,  and  deliver  to 
the  said  parties  of  the  second  part,  their  successors  and 
assigns,  all  such  further  assurance  and  assurances  in  the  law 
as  counsel  may  reasonably  devise  or  advise,  the  more  effectu- 
ally to  vest  in  the  said  parties  of  the  second  part,  their  succes- 
sors and  assigns,  all  and  singular  the  premises  hereby  conveyed, 
or  intended  to  be  conveyed,  for  the  purposes  hereinbefore 
for  that  purpose  mentioned  or  intended,  and  that  the  said 
Liability  of  Trustees.  Trustees  shall  be  liable,  responsible,  and  accountable,  only  for 
the  exercise  of  reasonable  diligence  in  the  management  of  the 
trust. 


Defeasance.  It  is  further  Understood  and  Agreed  that  this  conveyance 

is  upon  the  the  express  condition  and  limitation  that  upon  the 
payment  and  satisfaction  of  the  principal  and  interest  of  each 
and  every  of  said  bonds,  and  of  the  expenses  and  reasonable 
charges  attending  the  execution  of  this  trust,  the  estate  hereby 
granted  shall  immediately  be  re-invested  in  law  and  in  fact  in 
said  Company,  parties  of  the  first  part  hereto,  without  any 
entry  or  other  act. 


Acceptance  of  Trust.  And  the  said  Parties  of  the  Second  Part,  do  hereby  accept 
this  trust  and  agree  faithfully  to  execute  the  same. 


Attest : 


111  AVitness  Whereof, the  said  The  Hannibal  and  Cen- 
tral Missouri  Railroad  Company,  the  parties 
hereto  of  the  first  part,  have  on  the  day  and  year 
first  above  written,  caused  their  corporate  seal  to 
be  hereunto  affixed,  and  the  same  to  be  attested 
by  their  Secretaiy  and  the  name  of  their  Presi- 
dent to  be  signed  to  these  ])resents,  and  the  said 
Farmers’  Loan  and  Trust  Company,  the  parties 
hereto  of  the  second  part,  have  also  signed  and 
sealed  the  same  by  its  President  and  attached  its 
corporate  seal  the  day  and  year  first  above 
written, 

A.  W.  LA:\in,  President^ 

Hannibal  and  Central  Missouri  Railroad  C ornpany . 

Wm.  a.  Hunt,  Secretary. 

R.  G.  Ralston, 

President  of  Farmers'"  Loan  and  Trust  Company. 

G.  P.  Fitch,  Secretary, 

F.  L.  d T.  Co. 


THE  MKSSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


175 


State  of  Missouri, 

County  of  Marion, 

Be  it  remembered  that  on  this  twentieth  day  of  April,  A.  Certificate 

D.,  1870,  before  the  undersigned,  a Notary  Public  within  and  of  Acknowledgment 
for  the  County  of  Marion  and  State  of  Missouri,  personally 
came  Alfred  W.  Lamb,  who  is  personally  known  to  me  to  be 
the  same  person  whose  name  is  subscribed  to  the  foregoing 
instrument  of  writing^,  and  who  is  also  known  to  me  to  be  the 
President  of  Hannibal  and  Central  Missouri  Railroad 
Company,  and  acknoAvledged  that  he  executed  said  instrument 
of  writing  as  President  of  said  Railroad  Company  for  the  uses 
and  purposes  therein  mentioned,  and  acknowledged  that  the 
seal  thereto  attached  is  the  corporate  and  common  seal  of  said 
Railroad  Company  and  was  thereto  affixed  by  their  authority, 
and  that  he  subscribed  his  name  thereto  as  President  by  like 
authority. 


Ill  Testimony  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal,  at  my  office  in  Hanni- 
bal, the  day  and  year  above  written. 

Edward  D.  ^Murphy, 

Notary  Public, 

Marion  County,  Missouri. 


United  States  of  America,  j 
State  of  Ne\v  York,  J-  ss. 

City  AND  County  of  Ne>v  York,  ) 

Be  it  reiiieinbereU  tliiit  on  tlic  30tli  diiy  of  April,  in  tlic  Certiticat« 

year  one  thousand  eight  hundred  and  seventy,  before  me,  the  of  Acknowledgment, 
undersigned,  Edwin  S.  Casey,  Jr.,  a Commissioner  resident  in 
tlie  City  of  New  York,  duly  commissioned  and  (pialified  by  the 
executive  authority  and  under  the  laws  of  tin;  State  of  Mis- 
souri to  take  the  {icknowledgment  of  deeds,  etc.,  to  be  used 
or  recorded  therein,  personally  a})peared  Roswell  (L  Ralston, 
who  is  personally  known  to  me  to  be  tin;  same  person  whose 
name  is  subscribed  to  the  annexed  instrument  of  writing,  and 
mJk)  is  also  known  to  me  to  be  the  President  of  the  Farmers’ 

Loan  and  Trust  Company,  and  acknowledged  that  he  exe- 
cuted the  said  instrument  as  Ih’esident  of  said  Company  for 
the  uses  and  purposes  therein  mentioned,  and  also  acknowl- 
edged that  the  seal  thereto  attached  is  the  corporate  and  com- 
mon seal  of  said  Company  and  was  thereto  affixed  by  their 


176 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


authority,  and  that  he  subscribed  his  name  thereto  as  President 
by  like  authority. 


In  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal  the  day  and  year 
aforesaid. 

Edwin  S.  Casey,  Jr., 
Commissioner  for  the  State  of  Missouri^ 
Office  54  Wall  Street,  New  York. 


[The  original  of  the  foregoing  instrument  was  filed  for 
record  in  the  office  of  the  Recorder  of  Marion  County,  State 
of  Missouri,  May  12,  1870,  and  is  recorded  in  said  office  in 
Book  57,  on  pages  83  to  90,  inclusive.  The  foregoing  is  an 
accurate  copy  of  the  instrument  as  there  recorded.] 


HANNIBAL  AND  CENTRAL  MISSOURI  RAILROAD  ' 

COMPANY. 


SECOND  MORTGAGE. 

FEBRUARY  i,  1872. 

THIS  INDENTURE,  made  the  first  day  of  February,  in  the 

''  Parties. 

year  of  our,  Lord  one  thousand  eight  hundred  and  seventy-two, 
between  the  Hannibal  and  Central  Missouri  Railroad 
Company,  a body  corporate  duly  created  and  existing  under 
the  laws  of  the  State  of  Missouri,  of  the  first  part,  and  the 
New  York  Guaranty  and  Indemnity  Comi’any,  of  the  City 
of  New  York,  Trustees,  of  the  second  part, 

Witncsseth  : Wliereas,  the  said  Railroad  Company,  by  Power  to  borrow 
charter  is  authorized  to  borrow  money,  in  such  sums  as  may^l^oney. 
be  required  to  complete  and  equip  its  road,  and  to  make  and 
issue  its  bonds  for  any  amount  so  borrowed,  and  to  mortgage 
its  corporate  property  and  franchises,  or  any  pjirt  thereof,  as 
security  for  the  payment  of  said  bonds ; 

And  Wliereas,  the  said  party  of  the  first  jiart  is  anxious  to  series  of  250  Bonds, 
procure  the  money  necessary  to  complete  its  road,  and  to  tliat 
end  })roposes  to  make  and  issue  its  bonds  to  the  amount  of 
Two  Hundred  and  Fifty  Thousand  Dollars,  in  the  aggregate, 

(principal  and  interest  i)ayablc  in  gold  coin ),  and  thereby  to 
become  indebted  to  divers  i)ersons,  bodies  })olitic  or  corj)oratc, 
who  shall  become  holders  of  said  bonds  ; each  of  said  lionds  to 
bear  date  on  the  first  day  of  February,  in  the  year  one  thou- 
sand eight  hundred  and  seventy-two,  and  each  payable  in  the 
sum  of  one  thousand  dollars  to  A.  R.  Baylis,  or  bearer,  at  the 
office  of  the  said  party  of  the  second  part,  in  the  City  of  New 
York,  on  the  first  day  of  May,  A.  D.,one  thousand  eight  hun- Bonds  due  May  l, 
dred  ninety-two,  with  interest  from  date  at  the  rate  of  seven 
per  cent,  per  annum,  payable  at  the  same  place,  half  yearly, 
on  the  first  days  of  May  and  November  in  each  year,  until  said 
principal  sum  sliall  be  fully  paid,  for  which  interest  coupons 

( 177) 


178 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


or  warrants  are  to  be  attached;  that  each  of  said  bonds,  for 
the  purpose  of  identification,  is  to  be  numbered  in  consecutive 
series  from  one  to  two  hundred  and  fifty,  both  inclusive;  and 
that  on  each  bond  shall  be  printed  or  written  a certificate 
Trustees  Certificate.  Trustee  herein  named,  that  such  bond  is  one  of 

the  series  of  two  hundred  and  fifty  bonds  intended  to  be  secured 
by  these  presents ; 


Mortage  to  secure  Whereas,  the  said  party  of  the  first  part  further  pro- 

poses  to  secure  the  payment  of  all  of  said  bonds,  principal  and 
interest,  by  the  execution  and  delivery  of  a mortgage  or  trust 
deed  of  all  its  property  and  franchises  now  held  and  owned  by 
it,  or  which  may  be  hereafter  acquired,  as  the  same  is  herein- 
after more  fully  set  forth,  all  of  said  bonds  to  be  equally 
secured  by  these  presents  without  reference  to  the  relative 
time  any  bond  may  have  been  issued. 


This  Indenture 
conveys. 


Koad  from  Hannibal 
to  Moberly. 


Buildings,  etc. 


Now  Therefore  this  Indenture  Witnesseth  : That  the  said 
party  of  the  first  part,  the  better  to  secure  the  payment  of  all 
of  said  bonds,  amounting  in  the  aggregate  to  the  sum  of  two 
hundred  and  fifty  thousand  dollars  and  no  more,  with  interest 
at  the  times  and  in  the  manner  therein  mentioned  and  set 
forth,  and  for  and  in  consideration  of  the  sum  of  one  dollar, 
lawful  money  of  the  United  States,  by  the  said  party 
of  the  second  part  in  hand  paid  to  the  said  party  of  the  first 
part,  at  or  before  the  ensealing  and  delivery  of  these 
presents,  the  receipt  whereof  is  hereby  acknowledged,  hath 
granted,  bargained,  sold,  transferred,  set  over,  conveyed,  and 
confirmed,  and  by  these  presents  doth  grant,  bargain,  sell, 
transfer,  and  set  over,  convey,  and  confirm  unto  the  said  party 
of  the  second  part,  its  successor  or  successors  and  assigns  for- 
ever, all  and  singular  the  right  of  way  and  railroad  of  the  said 
party  of  the  first  part,  constructed  or  to  be  constructed  from 
the  City  of  Hannibal,  in  the  County  of  Marion,  and  State  of 
Missouri,  to  the  town  of  Moberly,  in  the  County  of  Randolph, 
and  State  of  Missouri,  as  the  said  [same]  is  now  laid  out  or  at 
any  time  hereafter  may  be  laid  out  and  used,  together  with 
all  rails,  embankments,  bridges,  turn-outs,  side-tracks,  struc- 
tures, water-tanks,  and  fixtures,  shops,  engine  and  other  houses, 
depots  and  turn-tables  now  owned  or  used,  or  that  may  be 


hereafter  owned,  acquired,  or  used  by  the  party  of  the  first 


part  in  connection  with  said  railroad,  and  everything  appurte- 
Franchises,  etc.  nant  thereto,  and  all  the  franchises,  powers,  privileges,  and 
chartered  or  other  rights  of  the  said  party  of  the  first  i)art, 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


179 


now  had  or  Avhich  may  hereafter  be  had  or  acquired  by  said 
party  of  the  first  part,  together  with  all  the  rents  and  profits,  income,  etc. 
income,  gains,  moneys,  rights,  benefits,  and  advantages 
derived  or  to  be  derived,  received  or  in  any  way  whatsoever 
had  or  obtained  therefrom  by  said  party  of  the  first  part, 

To  Have  and  to  Hold,  all  and  singular  the  above  granted 
and  described  premises,  rights,  franchises,  and  property  with 
the  appurtenances  thereto  belonging,  unto  the  said  party  of 
the  second  part,  its  successor  or  successors  and  assigns  for- 
ever, 


In  Trust,  Nevertheless,  for  the  person  or  persons  and  bodies  declared 

politic  or  corporate  who  at  any  time  shall  become  holders  or 

owners  of  the  said  bonds,  or  any  of  them,  subject  to  the  terms 

and  stipulations  of  said  bonds  and  the  provisions  of  the  Acts  of 

the  Legislature  of  Missouri, relating  to  the  said  Company,  and 

subject  also  to  the  possession,  control,  and  manao-ement  of  said  Possession  to  remain 
-1  1 1 -1  f ^ 1 with  R.  K.  Co.,  until, 

Railroad  and  property  by  said  party  oi  the  first  jiart,  so  long  etc. 
as  it  shall  well  and  truly  perform  all  and  singular  the  stipu- 
lations of  the  bonds  aforesaid,  and  the  covenants  of  this 
indenture. 


And  the  said  Party  of  the  First  Part  for  itself,  its  succes- Default  continued 
sors  and  assigns,  do  hereby  covenant  und  agre(‘  to  and  with  the 
said  [larty  of  the  second  part,  its  successor  or  successors  or 
assigns,  to  jiay  to  the  holdei’S  or  owners  of  said  bonds  resjiect- 
ively  the  princijial  money  tluu-eof,  as  also  th(‘  interest  sti})u- 
lated  in  said  bonds,  in  gold  coin  of  the  United  Stat(‘s,  free  of 
(lovernment  tax,  and  that  incase  of  six  montlis  default  to  pay 
cither  interest  or  jii’incipal  of  said  bonds,  or  any  of  tlunn,  when 
due  and  jia^'able  and  demanded,  and  iqion  the  re(piest  in  writ- 
ing of  a majority  in  inti'rcst  of  the  holder  or  h )ld(‘rs  of  said 
bonds,  on  which  inter(‘st  or  principal  has  not  bemi  duly  ])aid  as 
aforesaid,  said  Trustia^  shall  take  actual  jiossession  of  all  and  Trustee  mav  enter 
singular  the  property  and  effects  hereby  convc'yed,  and  the 
ag(mt  or  agents  of  said  Railroad  actually  in  posst'ssion  thei‘(a)f 
are  luu’cby  ordered  to  give  such  possession  to  said  Trustees, 
party  of  the  second  part  hereto,  and  the  said  Trustee,  shall 
cause  the  said  mortgaged  premises  and  t)ropi‘rty,  or  so  much 
thereof  as  may  be  necessary  to  i)ay  and  discharge  the  entire 
principal  and  interest,  whether  due  or  not  due,  of  all  of  said 
bonds,  as  may  be  un))aid,  together  with  all  expens(;sof  sale,  to 
be  sold  at  public  auction  at  either  of  theC'ities  of  New  York,  in  Power  of  Sale, 
the  State  of  New  York,  and  St.  Louis,  in  the  State  of  Missouri, 


180 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Notice  of  Sale. 


Trustees’  Deed. 


Proceeds  of  Sale, 
how  applied. 


giving  at  least  ninety  days’  notice  of  the  time,  place,  and  terms 
of  such  sale,  and  of  the  specific  property  to  be  sold,  by  pub- 
lishing the  same  in  one  or  more  newspapers  of  good  circula- 
tion printed  in  each  of  the  cities  aforesaid,  and  wherever  else 
required  by  law,  with  power  in  said  Trustee  to  adjourn  the 
time  of  sale  from  time  to  time,  and  make  the  sale  on  any 
adjourned  day,  and  execute  to  the  purchaser  or  purchasers 
thereof  a good  and  sufficient  deed  or  deeds  of  conveyance  in 
fee  simple  for  the  same,  which  shall  be  a bar  against  the  party 
of  the  first  part  and  the  party  of  the  second  part,  their,  or  each 
of  their,  successors  and  assigns,  and  all  persons  claiming  under 
them  or  either  of  them,  of  all  right,  title,  interest,  claim  or 
demand,  in  law  or  equity,  in  or  to  the  said  mortgaged  premises 
or  any  part  thereof,  and  on  and  after  such  request  to  take  pos- 
session, and  until  such  sale,  said  Trustee  shall  receive  and  collect 
all  the  income,  revenues,  and  profits  of  the  said  Railroad  and 
mortgaged  premises,  for  the  security  hereinbefore  declared,  first 
defraying  out  of  the  same  the  expenses  of  the  said  Road  and 
making  all  needful  repairs  thereto. 

And  the  said  Party  of  the  Second  Part,  its  successors  and 
assigns,  after  deducting  from  the  proceeds  of  said  sale  the 
costs  and  expenses  thereof,  and  the  costs,  charges  and  expenses 
of  managing  said  property  and  applying  so  much  of  the  pro- 
ceeds as  may  be  necessary  to  the  payment  of  the  said  entire 
principal  and  interest  remaining  unpaid  on  all  of  said  bonds, 
shall  return  the  residue  thereof  to  the  said  party  of  the  first 

AVaiverof  Stay  and  part.  It  bciim  hereby  expressly  understood  and  agreed,  that 
other  Laws.  . ^ i 4-  i 4-  i u 

in  no  case  shall  any  claim  or  advantage  be  taken  by  the  party 

of  the  first  part  of  any  valuation,  appraisement,  or  extension 
laws,  nor  any  injunction  or  stay  of  proceedings,  or  any  jiro- 
cess  to  be  applied  for,  or  obtained,  or  used  by  or  for  the  said 
party  of  the  first  part,  to  prevent  such  entry,  or  sale,  or  dis- 
tribution of  proceeds  of  sale  as  aforesaid. 

Aiul  it  is  further  Understood  and  Aj^reed,  by  and  between 
the  parties  hereto,  that  iti  case  of  the  dissolution,  resignation 
or  inability  of  said  Trustee  or  its  successors  in  the  Trust  to 
act  in  the  matter  of  the  trust,  the  party  of  the  first  part  shall, 
by  a majority  vote  of  its  Directors,  forthwith  appoint  a new 
Trustee  as  successor  in  the  trust,  and  in  case  of  neglect  or 
refusal  for  the  space  of  thirty  days  on  the  part  of  the  said 
party  of  the  first  part  to  make  such  appointment,  the  holders 
of  interest  in  said  bonds,  to  the  extent  of  more  than  oiu'-half 


Resignation,  etc., 
of  Trustee. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


181 


of  the  bonds  aforesaid,  may  ai)p]y  to  tlic  person  wlio  for  the 
time  being  may  be  Judge  of  the  Circuit  Court  of  Marion 
County,  Missouri,  to  appoint  some  suitable  person  or  body 
corporate  as  Trustee,  and  after  such  appointment,  either  l)y 
said  Judge,  or  by  the  said  party  of  the  first  part,  and  accept- 
ance of  the  trust  by  the  person  or  body  corporate  so  appointed, 
the  new  Trustee  shall  become  vested  with  all  the  property  and 
rights  of  the  party  of  the  second  part,  without  further  assur- 
ance or  conveyance  of  the  same. 

The  said  Party  of  the  First  Part  hereby  further  covenants  Covenant  for  further 
and  agrees  to,  and  with  the  said  party  of  the  second  part, 
successors  and  assigns,  to  make,  execute,  and  deliver  to  the 
said  party  of  the  second  part,  its  successors  and  assigns,  all 
such  further  assurance  and  assurances  in  the  law  as  counsel 
may  reasonably  devise  and  advise,  the  more  effectually  to  vest 
in  the  said  party  of  the  second  i)art,  its  successors  and  assigns, 
all  and  singular  the  premises  hereby  conve^'ed  or  intended  to 
be  conveyed  for  the  purposes  hereinbefore  for  that  i)urpose 
mentioned  or  intended,  and  that  the  said  Trustee  shall  be  lia- 
ble^ resi)onsible,  and  accountable  only  for  the  exercise  of  a 
reasonable  diligence  in  the  management  of  the  trust. 

It  is  fiirtlier  Understood  and  Afirced  that  this  conveyance  is  Defeasance 
upon  the  express  condition  and  limitation  that  14)011  th(‘  jiay- 
ment  and  satisfaction  of  the  principal  and  interest  of  each  and 
every  of  said  bonds,  and  of  tin*  expenses  and  rc‘asonal)le 
charges  attending  the  execution  of  this  trust,  tlic  estate  lu‘reby 
granted  shall  immediately  be  r(‘-invested  in  law  and  in  fact  in 
said  liarty  of  the  first  jiart  hereto,  without  any  entry  or  other 
act. 


And  tin*  said  Party  of  the  S<‘eoinl  Part  hereby  acc(4)ts  this  Acceptance  of  Trust, 
trust,  and  agrees  faithfully  to  execute  the  same. 

This  conveyance  is,  however,  made  subject  to  the  prior  lien  Subject  to  Mortj^age 
. • 1 4-  4 • ^ 1 1 V . . of  April  20,  1870. 

and  incumbrance  ot  a certain  mortfjaii'e  or  deed  ot  trust  exe- 

cuted  by  the  said  party  of  the  first  jiart  to  the  Farmers’  Loan 
and  Trust  Company  of  the  Citj"  of  New  York,  b(‘aring  date 
the  20th  day  of  April,  1870,  and  given  to  secure  tlu?  payment 
of  one  million,  one  hundred  thousand  dollars  of  the  first  mort- 
gage bonds  of  the  said  party  of  the  first  jiart. 

And  also  subject  to  the  terms  and  conditions  of  two  certain  Subject  y>  Traitic 
contracts  made  by  said  party  of  the  first  i)art,the  one  with  the 
Toledo,  Wabasii  and  Western  Railway  Com})any,  the  NortlC*^'" 

Missouri  Railroad  Company  and  the  Hannibal  and  Naples 


182  THE  MLSSOUKT,  KANSAS  AND  TEXAS  RAILWAY. 


wkh  Company,  bearing  date  June  22nd,  1868,  and  the 

Bridge  Company,  other  with  the  Hannibal  Bridge  Company,  to  which  contracts 
reference  is  had. 


In  Witness  Whereof,  the  said  party  of  the  first  part 
has  caused  its  corporate  seal  to  be  hereunto 
affixed,  and  the  same  to  be  attested  ])y  its  Secre- 
tary, and  the  name  of  its  President  to  be  signed 
to  these  presents,  and  the  said  party  of  the 
second  part  has  also  caused  its  corporate  seal 
to  be  hereunto  affixed  and  the  same  to  be  attested 
by  its  Secretary,  and  the  name  of  its  President 
to  be  signed  to  these  presents,  the  day  and  year 
first  above  written. 

A.  W.  Lamb,  President. 


Attest  : 

Wm.  H.  Hunt,  Secretary. 

James  P.  Wallace,  President. 
F.  J.  Ogden,  Secretary  and  Treasurer. 


State  of  New  Youk, 

City  and  County  of  Neav  York, 

Notarial  Certificate  I’  Charles  Nettleton,  Commissioner  for  Missouri,  in  NeAV 
of  Acknowledgment.  York  do  hereby  certify  that  on  this  12th  day  of  Feburary,  A. 

D.,  one  thousand  eight  hundred  and  seventy -two,  came  before 
me  James  P.  lYallace,  the  President  of  the  New  York 
Guarantee  and  Indemnity  Company,  of  the  City  of  New  York, 
and  F.  J.  Ogden,  the  Secretary  and  Treasurer  of  the  same  Com- 
pany, who  are  to  me  personally  known  to  be  such,  and  being 
by  me  duly  sv'orn  did  depose  and  say  that  he,  the  said  James 
P.  Wallace,  resided  in  the  City  of  Brooklyn,  in  the  County  of 
Kings,  and  State  of  New  York,  that  he,  the  said  F.  J.  Ogden, 
resided  at  East  Orange,  in  the  State  of  New  Jersey,  that  they 
’were  the  above  described  officers  of  said  Company,  that 
they  knoAV  the  corporate  seal  of  said  Company,  that  the  seal 
affixed  to  the  foregoing  instrument  , i)ur[)orting  to  be  the  cor- 
porate seal  of  said  (\)mi)any,  is  such  cor})orate  seal,  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  said  Com- 
pany, and  that  they  signed  their  names  thereto  by  the  like 
order  as  the  President,  and  Secretary  and  Treasurer,  of  said 
Company,  respectively,  and  the  said  flames  P.  Wallace  and  F. 
J.  Ogden,  also  severally  acknowledged  to  me  that  tlK\y  had 
executed  the  fore<>:oin2  instrument,  and  that  the  same  was 

O O ^ 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


183 


their  free  act  and  deed,  and  the  free  act  and  deed  of  the  said 
Company  for  the  purposes  therein  mentioned. 


In  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal. 

Charles  Nettleton, 

Commissioner  for  Missouri  and  New  York^ 

117  Broadimy , New  York  City. 


State  of  Missouri,  ) 
County  of  Marion,  s ^ 


Be  it  remembered,  that  on  this  21st  day  of  February,  A.  D.,  Notarial  Certificate 
1872,  before  the  undersigned,  a Notary  Public  within  and 
the  County  of  Marion,  in  the  State  of  Missouri,  personally 
came  Alfred  W.  Lamb,  who  is  personally  known  to  me  to  be 
the  same  person  whose  name  is  subscribed  to  the  foregoing 
instrument  of  writing,  and  who  is  also  known  to  me  to  be  the 
President  of  the  Hannibal  and  Central  Missoi  ri  Railroad 
Company,  and  acknowledged  that  he  executed  said  instrument 
of  writing  as  President  of  said  Railroad  Conn)any  for  the  uses 
and  purpose  therein  mentioned,  and  also  acknowledged  that 
the  seal  thereto  attached  is  the  corporate  and  common  seal  of 
the  said  Railroad  Company  and  was  thereto  affixed  by  their 
authority,  and  that  he  subscribed  his  name  thereto  by  like 
authority. 


111  Testimony  AVliereof,  I have  hereto  set  my  hand 
and  aliixed  my  oflicial  seal  at  my  office  in 
Hannibal  the  day  and  year  above  written. 

William  C.  Foreman,  Notary  Public. 


[The  original  of  the  foregoing  instrument  was  tiled  for 
record  in  the  office  of  the  Recorder  of  Deeds  for  Marion  County, 
State  of  IMissouri,  February  21,  1872,  and  is  recorded  in  said 
ollice  in  Deed  Rook  on  i)ages  240  to  247  inclusive.  The 
foregoing  is  an  accurate  copy  of  the  instrument  as  there 
recorded.] 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 


FIRST  CONSOLIDATED  AND  SINKING 
FUND  MORTGAGE. 


FEBRUARY  i,  1871. 


THIS  INDENTURE,  made  the  1st  day  of  February,  one  Parties, 
thousand  eight  hundred  and  seventy-one,  between  the  Mis- 
souri, Kansas  and  Texas  Railway  Company  of  tlie  one  part, 
and  the  Union  Trust  Company,  of  New  York,  of  the  other 
part. 


Whereas,  a railroad  com})any,  known  as  the  Union  Pacihc  Preamble. 
[Railway]  Company,  Southern  Branch,  was  duly  incorporated 
on  or  about  the  tv’enty-tifth  day  of  September,  one  thousand 
eight  hundred  and  sixty-live,  under  and  by  virtue  of  an  act  of 
the  Legislature  of  the  State  of  Kansas,  entitled  “An  Act  to  UnioT^l4^dfic°Kail- 
provide  for  the  Incorporation  of  Railroad  Comi)anies,” 

^ ^ ^ ’ Southern  Branch. 

ap})roved  February  13,  LSbf),  to  construct  and  operate  a rail- 
road extending  from  rJunction  City  ( near  Fort  Riley),  in  Davis 
County,  in  the  State  of  Kansas,  thence  down  the  \bdley  of  the 
Neosho  Rivei*  to  the  southern  boundarv  lim*  of  said  State; 


And  AVher<‘as,  said  Railway  Company,  by  virtue  of  <iivers  j acquired 
acts  of  Congress,  and  of  the  Legislature  of  the  State  of  Kan- 
sas, acquired  tin*  title  to  certain  lands  situate  in  said  State  to 
aid  in  the  construction  of  said  railroad; 


And  Wherea.s,  said  Rail  way  Company , for  the  construction  authorized 
and  e(pii})ment  of  said  railroad,  heretofore  issued  its  bonds  for  Mortgage  of 

, /•  1 1 II  I ...  Union  Pacific  Kail- 

the  sum  of  one  tliousand  dollars  each,  amounting  in  the  aggre-way  Co..  Southern 

gate  to  the  princiiial  sum  of  four  million,  two  hundred  and  tifty  cowdrey^v^^^^^ 

thousand  dollars,  and  numbered  from  one  to  four  thousand 14,  isfis, 

$ 1 250  000 

two  hundred  and  tifty,  both  inclusive,  all  of  which  Siiid  bonds 
bear  date  the  fourteenth  dav  of  Novmnber,  one  thousand  ei<>'ht 

( 183  ) ” 


18()  • 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


hundred  and  sixty-eight,  and  are  secured  by  a trust,  deed  or 
mortgage  of  the  same  date,  executed  by  said  Railway  Com- 
pany to  Russell  Sage  and  N.  A.  Cowdrey,  of  the  City  of  New 
York,  and  duly  recorded  in  the  State  of  Kansas,  conveying 
the  right  of  way,  road,  franchises,  property,  real  and  per- 
sonal, and  the  lands  granted  to  said  Railway  Company,  and 
providing  for  the  creation  of  a sinking  fund  for  the  pay- 
ment of  said  bonds,  as  by  reference  thereto  will  more  fully 
appear ; 

Name  changed.  And  Whereas,  the  said  Railway  Company  afterwards,  and 

in  pursuance  of  the  the  power  and  authority  conferred  by  the 
laws  of  the  State  of  Kansas,  changed  its  name  to  the  ATissouri, 
Kansas  and  Texas  Railway  Company  ; 


Incorporation  of  And  Whereas,  a certain  other  railroad  company  was  duly 
Railway  Company,  incorporated  under  and  by  virtue  of  the  laws  of  the  State  of 
Kansas,  by  the  name  of  the  Labette  and  Sedalia  Railway  Com- 
pany, to  construct  and  operate  a railroad  from  a point  in 
Labette  County,  in  said  State,  on  the  line  of  the  railroad  of 
the  Missouri,  Kansas  and  Texas  Railway  Company  aforesaid, 
northeastwardly,  through  Neosho,  Crawford,  and  Bourbon 
Counties,  to  the  boundary  line  between  the  States  of  Kansas 
and  Missouri,  and  to  the  point  in  such  boundary  line  where 
the  same  intersects  the  road  of  the  Tebo  and  Neosho  Railroad 
Company,  a corporation  duly  created  under  and  by  virtue  of 
an  act  of  the  General  Assembly  of  the  State  of  Missouri, 
approved  Alarch  12,  1859  ; 


Consolidated  with 
M.  K.  & T.  Ry.  Co. 


And  Wliereas,  by  virtue  of  the  laws  of  the  State  of  Kan- 
sas, the  said  AIissouri,  Kansas  and  Texas  Railway  Company, 
and  the  Labette  and  Sedalia  Railway  Company,  were  consoli- 
dated and  liecame  one  corporation,  under  the  name  of  the 
Missouri,  Kansas  and  Texas  Railway  Company; 


Ronds  authorized  And  Whereas,  the  said  the  Missouri,  Kansas  and  Tioxas 
^Ry  COMPANY,  foi*  the  puriiose  of  building,  e([uipping, 

Co.,  to  Union  Trust  and  opei'ating  that  portion  of  its  said  railroad  formerly  owned 
the  Laliette  and  Sedalia  Railway  Company,  as  above 
described,  heretofore  issued  its  bonds  for  the  sum  of  one  thou- 
sand dollars  each,  amounting  in  the  aggregate  to  the  principal 
sum  of  one  million,  two  hundred  thousand  dollars,  and  numbered 
from  one  to  twelve  hundred,  both  inclusive,  all  of  which 
bear  date  tlie  first  day  of  August,  one  thousand  eight  hundred 
and  seventy,  and  are  secur(‘d  by  a trust  deed  or  mortgage  of 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


187 


the  same  date,  executed  b}"  said  Company  to  the  Union  Trust 
Company  of  New  York,  conveying  all  that  portion  of  its  said 
railroad  above  mentioned,  with  the  right  of  way,  franchises,  and 
all  the  property,  real  and  personal,  thereto  belonging,  and 
providing  for  the  creation  of  a sinking  fund  for  the  pay- 
ment of  said  bonds,  as  by  reference  to  said  trust  deed  or 
mortgage,  duly  recorded  in  the  State  of  Kansas,  will  more 
fully  appear  ; 


And  Whereas,  the  Tebo  and  Neosho  Railroad  Company,  Bonds  authorized 
duly  incorporated  as  hereinbefore  mentioned,  for  the  purpose,  Tebo^JN^^sh^^R.^R. 
among  other  things,  of  building,  equipping,  and  operating  a 
railroad  running  from  Sedalia,  in  Pettis  Counl\",  and  State  of  1870,  $2,000,000. 
Missouri,  southwesterly  to  the  boundary  line  between  said 
State  and  the  State  of  Kansas,  did  for  that  purpose  issue  its 
bonds  for  the  sum  of  one  thousand  dollars  each,  amounting  in 
the  aggregate  to  the  principal  sum  of  two  million  dollars,  and 
numbered  from  one  to  two  thousand,  both  inclusive,  all  of 
which  are  dated  the  first  day  of  June,  one  thousand  eight  hun- 
dred and  seventy,  and  are  secured  by  a trust  deed  or  mortgage 
of  the  same  date,  executed  by  the  said  ('ompany  to  the 
Union  Trust  Company  of  the  City  of  New  York,  conveying 
the  said  railroad,  its  rights,  franchises,  and  pro})erty,  real  and 
t)ersonal,  and  j)roviding  for  the  creation  of  a sinking  fund  for 
the  i)ayment  of  said  bonds,  as  by  reference  to  said  trust  deed 
or  mortgage,  (July  recorded  in  the  proper  oliice  in  the  State  of 
Missouri,  will  more  fully  ai)pear; 


And  Whereas,  after  the  issue  of  said  bonds,  and  the  execu- Tebo  & 
tion  of  said  trust  deed  or  mortgage  by  the  d\‘l)o  and  N(‘osho 
Railroad  Company,  tin*  said  Company,  by  virtue  of  the  power 
and  authority  conferred  by  th(‘  statutes  of  thi‘  State  of 
Missouri,  sold  the  railroad  above  described,  and  all  tin;  cor- 
porate rights  and  franchises  held  and  owned  by  said  Conq)any, 
to  the  Missouiti,  Kansas  and  Tkxas  Railway  Company,  and 
the  said  last-nam(‘d  (V)mpan3"  l)t‘came  to  [the]  owinu*  thereof, 
and  vested  with  all  the  cori)orate  rights,  powers  and  franchisees 
ai)})ertaining  thendo,  and  to  the  said  Tebo  and  Neosho  Railroad 
Comi)any  belonging,  subje'ct  to  the  lien  and  o{)eration  of  the 
trust  deed  or  mortgage  aforesaid; 

And  Whereas,  the  said  the  Missoum,  Kansas  and  Texas  ^ 

Ky.  Co.  to  extend 

Railway  Company  is  the  ownei*  of  the  right  and  franchise,  its  Road  into  and 
underand  by  virtue  of  two  several  Acts  of  Congr(‘ss,  aj)t)rov(;d 


188 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


July  25  and  July  26,  1866,  respectively,  and  the  order  and 
approval  of  the  President  of  the  United  States  thereupon,  to 
extend,  construct,  and  operate  their  said  railroad  from  the 
present  terminus  of  their  main  line  in  the  southern  boundary 
line  of  the  State  of  Kansas,  through  the  Indian  Territory,  to 
a point  at  or  near  Preston,  in  the  State  of  Texas; 

Other  Kio-hts.  And  Whereas,  the  party  of  the  first  part  is  the  owner  of 

other  corporate  rights  and  franchises  not  included  in  this 
deed  of  trust  or  mort^a^e ; 

Grantor  described.  And  Whereas,  the  party  of  the  first  part  to  this  Indenture 
is  the  said  the  Missouri,  Kansas  and  Texas  Railway  Com- 
pany, owning  and  operating  their  main  line  from  Junction 
City,  aforesaid,  to  the  southern  boundary  line  of  the  State  of 
Kansas,  with  the  riMit  and  franchise  to  extend  the  same  through 
the  Indian  Territory,  as  above  mentioned,  and  those  other 
portions  of  their  railroad  extending  from  the  junction  with 
the  said  main  line  in  Labette  County,  northeasterly  to  the 
boundary  line  between  the  States  of  Kansas  and  Missouri,  and 
thence  still  further  northeasterly  to  Sedalia  in  said  last-men- 
tioned State ; 

Grantee  described.  And  Whereas,  the  party  of  the  second  part  is  a corpora- 
tion duly  organized  in  the  City  of  New  York,  with  the  power 
to  take  and  hold  property  in  trust,  and  for  such  uses  and 
purposes  as  the  party  creating  such  trust  ma}^  direct  and 
appoint ; 

Object  and  purpose  And  Whereas,  the  said  party  of  the  first  part  is  desirous 

of  Trust  Deed.  calling  in  and  retiring  all  the  bonds  so  as  aforesaid  issued 

by  the  said  the  Union  Pacific  Railway  Company,  Southern 
Branch,  the  Tebo  and  Neosho  Railroad  Company,  and  the 
Missouri,  Kansas  and  Texas  Railway  Company,  respectively, 
or  so  many  thereof  as  may  be  still  outstanding,  by  issuing  its 
own  ])onds  in  exchange  therefor;  and  also  of  borrowing 
money  by  the  issue  of  otlier  of  its  own  bonds,  for  the  purpose 
of  building,  equipping,  and  o})erating  all  such  of  its  roads  and 
portions  of  roads  hereinbefore  described,  as  are  not  yet  fully 
constructed  and  etjuipped;  and  for  the  several  purposes  afore- 
said, has  resolved  to  issue  such  bonds,  in  the  sum  of  one 
thousand  dollars  each,  amounting  to  the  aggregate  principal 
sum  of  fourteen  millions  of  dollars,  and  numbered  from  one  to 
fourteen  thousand,  both  inclusive,  and  that  each  of  the  said 
bonds  shall  be  in  the  words  and  figures  following,  subject  only 


THE  MISSOURI,  KANSAS  AND  TEXAS  KAIEWAY. 


189 


to  necessary  variation  as  to  the  distinguishing  numbers  and 
amount  thereof: 


UNITED  STATES  OF  AMERICA, 

States  of  Kansas  and  Missouri. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY  COM- 
PANY. 


First  Mortgage  Seven  per  Cent.  Land  Grant  and  Sinking 
Fund  Gold  Bond. 

No. $1,000. 

Free  of  U.  S.  Government  Tax. 

Know  all  Men  by  these  Presents,  that  the  Messouri,  Kan- 
sas AND  Texas  Railway  Company  is  indebted  to  the  Union 
Trust  Company,  of  New  York,  or  bearer,  in  the  sum  of  one 
thousand  dollars  in  gold  coin  of  the  United  States,  which  the 
said  Railway  Company  promises  to  pay  to  the  bearer  hereof 
on  the  first  day  of  February,  in  the  year  nineteen  hundred 
and  four,  in  the  City  of  New  York,  with  interest  thereon  from 
the  date  hereof  at  the  rate  of  seven  })er  cent,  per  annum,  pay- Seven  per  cent.— 
able  in  gold  coin  aforesaid,  semi-annually,  at  its  office  or 
agency  in  the  City  of  New  York,  on  the  first  days  of  August 
and  February  in  each  year,  u{)on  the  })resentation  and  surren- 
der of  the  coupons  hereto  atttiched,  as  they  severally  become 
due  as  provided  therein  ; and  in  case  of  default  in  the  payment 
of  any  lialf-ycarl}"  installment  of  interest,  wdiich  shall  have 

become  due  and  been  demanded,  and  such  default  shall  have  . , , ^ 

. . Default  continued 

continued  six  months  after  demand,  the  jirincipal  of  this  bond  for  Six  Months. 

shall  become  due  in  the  manner  and  with  the  effect  provided 

for  in  the  trust  deed  or  morti>:a<>:e  hereinafter  mentioned. 

O O 

This  bond  is  one  of  a series  numbered  consecutively  I*’Din 
one  to  fourteen  thousand,  both  inclusive,  each  for  the  sum  of  Bonds, 
one  thousand  dollars,  amountini>:  in  the  a^jirre^ate  to  the  sum 
of  fourteen  millions  of  dollars,  all  of  wdiich  are  of  like  tenor, 
date,  and  effect,  and  all  eipially  secured  by  a trust  deed  or  mort- 
gage, dated  the  first  day  of  February,  in  the  year  of  eighteen 
hundred  and  seventy-one,  duly  executcid  and  deliver(‘d  by  the 
said  Railway  Com{)any,  and  recorded  in  the  proper  offices  in  the 
States  of  Kansas  and  Missouri,  and  elsewhere,  and  conveying 
to  the  said  Union  Trust  Company,  of  New  York,  in  trust,  the 
corporate  property,  real  and  personal,  of  the  said  liarty  of  the 
first  j)art  therein  described,  and  all  its  franchises  and  the  privi- 


190 


THE  MISSOURI,  KANSAS  AND  TEXAS  HAILWAV. 


Sinking  Fund. 


Registration  and 
Transfer. 


Certification. 


leges  appertaining  thereto,  as  more  fully  set  forth  in  said  trust 
deed  or  inortgage. 

This  bond  is  entitled  to  the  benefit  of  a sinking  fund,  as 
provided  by  said  trust  deed  or  mortgage,  whereby  the  princi- 
})al  of  said  bond  will  be  redeemed  in  thirty -three  years  from 
the  date  hereof.  Bonds  equal  in  amount  to  the  accumulations 
in  said  sinking  fund  will  be  redeemed  at  their  par  value  annu- 
ally, commencing  after  three  years  from  the  date  hereof. 
Notice  of  the  numbers  of  the  bonds  so  allotted  for  redemp- 
tion will  be  published  in  two  or  more  daily  newspapers  printed 
in  the  City  of  New  York,  for  sixty  days,  at  the  expiration  of 
which  time  interest  thereon  shall  cease. 

This  bond  shall  pass  by  delivery  or  by  transfer  on  the  books 
of  the  Company  in  the  City  of  New  York,  and  such  other 
places  in  this  country  and  in  Europe  as  said  Company  may 
hereafter  designate.  After  a registration  of  ownership,  cer- 
tified hereon  by  the  Secretary  of  the  Company,  or  its  transfer 
agent,  no  transfer,  except  on  the  books  of  the  Company,  shall 
be  valid  unless  the  last  transfer  shall  have  been  to  bearer,  the 
bond  to  be  entitled  to  successive  registrations  and  transfers 
to  bearer,  at  the  option  of  each  holder,  and  other  privileges 
in  that  behalf  mentioned  in  said  trust  deed  or  mortofao^e. 

This  bond  shall  not  become  obligatory  until  it  shall  have  been 
authenticated  by  a certificate  indorsed  hereon,  duly  executed 
by  the  Trustee  aforesaid,  to  the  effect  that  the  same  is  properly 
issued. 


In  Witness  Whereof,  the  said  Missouri,  Kansas  and 
Texas  Railway  Company  has  caused  these  pres- 
ents to  be  executed  by  its  President  and  Secre- 
tary, and  its  cor})orate  seal  to  be  hereto  affixed, 
this  first  day  of  February,  A.  D.,  eighteen  hun- 
dred and  seventy-one. 

, President. 

, Secretary. 


This  Indenture 
conveys. 


Now,  Therefore,  This  Indenture  Witnesseth,  that  the  said 
party  hereto  of  the  first  })art,  for  and  in  consideration  of  the 
premises  and  of  the  sum  of  one  dollar  to  it  duly  {)aid  by  the 
party  hereto  of  the  second  part,  and  in  order  to  secure  the  pay- 
ment of  the  principal  and  interest  of  the  said  bonds,  according 
to  the  tenor  thereof,  hath  granted,  bargained,  sold,  assigned, 
transferred,  and  conveyed,  and  by  these  presents  doth  grant, 


TIIK  Missonil,  KANSAS  AND  TEXAS  KAILWAV. 


IIU 


bargain,  sell,  assign,  transfer,  and  convey  unto  the  said  party 
of  the  second  part,  its  lawful  successor,  or  successors,  in  the 
trust  hereby  created,  and  assigns: 

First.  — All  and  Singular  the  Railroad  as  the  same  is  con- 
structed extending  from  Junction  City,  in  Davis  County,  State 
of  Kansas,  down  the  Valley  of  the  Neosho  River,  through  the 
Counties  of  Davis,  Morris,  Lyon,  Coffee,  Woodson,  Allen, 
Neosho  and  Labette,  to  a point  in  the  southern  boundary  line 
of  said  State,  between  the  Neosho  River  and  the  western 
boundary  of  Labette  County,  a distance  of  one  hundred  and 
eighty-two  miles,  more  or  less. 

And  Also  all  the  right,  title,  and  interest  which  the  party  of 
the  first  part  has,  by  reason  of  the  construction  of  said  line  of 
said  road  to  and  in  any  land  or  lands  heretofore  granted  by  any 
act  of  Congress  to  the  State  of  Kansas  to  aid  such  construc- 
tion, the  said  lands  being  the  same,  or  so  much  thereof  as 
remain  unsold,  which  were  granted  by  acts  of  Congress  to  the 
State  of  Kansas,  and  by  said  State  to  the  Union  Pacific  Rail- 
way Company,  Southern  Branch,  above  mentioned  ; and  also 
all  the  right,  title,  and  interest  of  the  said  party  of  the  first  part, 
in  and  to  the  proceeds  of  such  of  said  lands  as  may  have  been 
sold  which  heretofore  belonged  to  the  said  Railway  Company, 
or  in  which  the  said  Company  was  in  any  way  interested;  and 
also  all  the  right,  title,  and  interest  of  the  said  party  of  the  first 
part  in  and  to  any  proceeds  of  lands  granted  to  the  State  of 
Kansas,  by  Act  of  Congress,  entitled  “ An  Act  to  appropriate 
the  Proceeds  of  the  Sale  of  Public  Lands,  and  to  grant  Pre- 
emption Rights,”  approved  September  4,  1^541 , and  heretofore 
sold  by  said  State  under  and  by  virtue  of  an  Act  of  the  Legis- 
lature of  the  State  of  Kansas,  entitled  “ An  Act  providing  for 
the  Sale  of  Public  Lands  to  aid  in  the  construction  of  certain 
Railroads,”  ajj[)roved  February  23,  18()fi;  and  also  all  the 
right,  title,  and  interest  of  the  party  of  the  first  part  in  and  to 
such  of  the  lands  granted  by  the  Act  of  Congress  aforesaid, 
which  were  heretofore  sold  and  conveyed  by  the  State  of  Kan- 
sas to  the  Land  Grant  Railway  and  Trust  Company,  and  by 
said  Company  to  the  party  of  the  first  part  ; together  with  all 
and  singular  the  tenements,  hereditaments,  rights,  privileges, 
easements,  income,  advantages,  and  jippurtenances  to  the  said 
lands  and  premises  belonging,  or  in  anywise  appertaining,  and 
the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues,  and  profits  thereof;  and  also  all  the  estate,  right,  title 


Road  from  Junction 
City  to  State  Line, 
182  Miles. 


Land  Grants. 


li)2 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Franchises  in  Indian 
Territory. 


Lands  acquired  in 
Indian  Territory. 


Reservation  as  to 
Ft.  Smith  Branch. 


Road  from  Sedalia 
to  State  Line,  100 
Miles. 


Road  from  Parsons 
to  State  Line,  60 
Miles. 


and  interest,  property,  claim,  and  demand  whatsoever,  at  law 
or  in  equity,  of  the  said  party  of  the  first  part  of,  in,  and  to 
the  same,  and  any  and  every  part  or  parcel  thereof  (the  extent 
and  aggregate  area  of  the  lands  to  which  the  party  of  the  first 
part  is  so  entitled  being  estimated  at  1,200,000  acres  of  land), 
situate  in  the  State  of  Kansas. 

Second. — All  the  Privileges  and  Franchises  acquired 
by  the  said  party  of  the  first  part,  under  and  by  virtue  of  two 
several  Acts  of  Congress,  approved  July  25  and  July  26,1866, 
and  the  order  and  approval  of  the  President  of  the  United 
States  thereupon,  to  extend,  construct,  and  operate  the  said 
line  of  railroad  from  the  said  southern  boundary  line  of  the 
State  of  Kansas,  southerly  through  the  Indian  Territory  to  the 
northern  boundary  line  of  the  State  of  Texas,  to  a point  at  or 
near  the  town  of  Preston,  in  said  State,  a distance  of  two  hun- 
dred and  fifty  miles,  more  or  less;  and  also  all  the  right,  title, 
and  interest  which  the  party  of  the  first  part  now  has,  or  may 
hereafter  acquire  by  reason  of  constructing  the  extension  of 
the  said  line  of  railroad  through  the  Indian  Territory,  in  and 
to  any  land  or  lands  granted  by  the  Acts  of  Congress  afore- 
said, or  which  the  said  party  of  the  first  part  now  has  or  may 
hereafter  acquire,  under  and  by  virtue  of  any  treaty  or  treaties 
from  any  Indian  nation  or  tribe,  or  otherwise  howsoever, 
appertaining  to  the  aforesaid  extension ; together  with  all  the 
rights,  privileges,  tenements,  hereditaments,  and  appurte- 
nances that  may  belong  or  appertain  thereto,  the  land  granted 
under  said  Acts  of  Congress  being  ten  alternate  sections  of 
land  on  each  side  of  said  railroad.  Keserving  therefrom  any 
right,  franchise,  or  privilege,  or  land  appertaining  thereto, 
under  the  Acts  of  Congress  aforesaid,  to  extend  said  road,  or 
construct  a branch  thereof  through  a portion  of  the  Indian 
Territory  to  Fort  Smith. 

Third. — All  and  Singular  the  Railroad,  as  the  same  is 
now  constructed,  extending  from  Sedalia,  in  Pettis  County,  in 
the  State  of  Missouri,  to  the  western  boundary  of  said  State,  a 
distance  of  one  hundred  miles,  more  or  less,  being  the  rail- 
road ac(]uired  by  the  party  of  the  first  part  by  purchase  from 
the  Tebo  and  Neosho  Railroad  Company,  as  hereinbefore  men- 
tioned. 

Fourth. — All  and  Singular  the  Railroad  which  the 
Labette  and  Sedalia  Railway  Company  were  authorized  to  con- 
struct and  0})erate,  as  hereinbefore  mentioned,  and  which  is 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


193 


now  being  constructed  by  the  party  of  tlie  first  part  from  the 
town  of  Parsons,  in  Labette  County,  in  the  State  of  Kansas, 
on  the  main  line  of  the  railroad  of  the  party  of  the  first  part, 
northeasterly  through  Labette,  Neosho,  Crawford,  and  Bour- 
bon Counties,  to  the  boundary  line  between  the  States  of  Kan- 
sas and  Missouri,  and  to  the  point  in  said  boundary  line  where 
the  same  intersects  the  railroad  acquired  by  the  said  party  of 
the  first  part  from  the  Tebo  and  Neosho  Railroad  Company,  as 
aforesaid,  a distance  of  sixty  miles,  more  or  less. 

Fifth. — And  also  all  the  following  property,  real  and 
personal,  now  owned,  or  which  may  be  at  any  time  hereafter 
acquired  by  the  party  of  the  first  part,  for  the  use  of  any  or 
all  the  railroads  above  described,  including  the  said  extension 
of  the  main  line  of  said  railroad,  and  thereto  belonging  — 
namely,  all  the  lands,  tenements,  and  hereditaments,  and  rights 
of  way,  and  all  lands  appropriated,  or  which  may  hereafter  be 
appropriated,  for  depots,  superstructures,  buildings,  erections, 
and  fixtures;  and  also  all  tracks,  bridges,  viaducts,  culverts, 
fences,  and  other  structures;  depots,  engine-houses,  car- Buildings,  etc. 
houses,  freight-houses,  wood-houses,  and  other  buildings  ; and 
all  machine-shops  and  other  shops  ; and  also  all  locomotives, 
tenders,  cars,  and  other  rolling  stock  or  ecjuipments  ; and  [also]  stock  etc 

all  machinery,  tools,  implements,  fuel,  supplies,  and  materials 
for  constructing,  operating,  repairing  or  replacing  the  said 
railroads,  or  any  or  either  of  them;  and  also  all  corporate  and 
other  franchises,  })Owers,  rights  and  privileg(‘s,  now  held  and  Franchises,  etc. 
owned,  or  which  may  be  hereafter  accpiired  by  the  party  of  the 
first  part,  connected  with  or  relative  to  the  said  railroads,  or 
any  or  either  of  them. 

To  Have  and  to  Hold,  all  and  singular  the  above  mentioned  To  have  and  to  hold, 
and  described  premises,  rights,  franchises,  railroads,  and  real 
and  personal  property,  unto  the  said  party  of  the  second  part, 
its  successor  or  successors  and  assigns,  in  trust,  and  for  the 
uses,  intents,  and  })urp()ses  hereinafter  ext)ressed  and  declared  trusts  declared, 
of  and  concerning  the  same,  that  is  to  say:  — 

AirncLK  First.  — No  One  of  the  said  Bonds  shall  be  deemed  Trustees’  Certificate, 
issued,  or  be  valid  or  secured  by  this  mortgage,  until  there  shall 
have  been  indorsed  upon  it  a certificate  duly  signed  by  the 
party  of  the  second  part,  its  successor  or  successors  in  this 
trust,  to  the  effect  following,  viz. : — 

“ The  within  bond  is  one  of  fourteen  thousand  bonds  issued 
under  and  in  pursuance  of  the  Consolidated  Mortgage  made  by 


194 


'I’lir,  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


7345  Bonds,  how 
used. 


Exchange  of  Bonds. 


the  Missouri,  Kansas  and  Texas  Railway  Company,  and  is 
secured  thereby.” 

Article  Seconi>.  — Seven  Thousand  Three  Hundred  and 
Forty-five  of  said  Bonds,  being  those  numbered  from  one  to 
seven  thousand  three  hundred  and  forty-five,  both  inclusive, 
or  so  many  thereof  as  shall  be  necessary,  shall  be  issued  and 
used  only  in  exchange  for  bonds  equal  in  amount  and  now 
outstanding,  heretofore  issued,  as  hereinbefore  recited,  either 
by  the  said  Union  Pacific  Railway  Company,  Southern  Branch, 
or  by  the  said  Tebo  and  Neosho  Railroad  Company,  or  by  the 
said  party  hereto  of  the  first  part ; and  until  so  exchanged  for 
a bond  of  equal  amount  as  aforesaid,  no  one  of  said  seven 
thousand  three  hundred  and  forty-five  bonds,  so  numbered  as 
aforesaid,  shall  be  deemed  issued  or  shall  be  secured  by  this 
mortgage.  And  whenever  any  one  of  said  outstanding  bonds 
shall  have  been  so  received  by  the  party  of  the  second  part, 
its  successor  or  successors  in  this  trust,  in  exchange,  the  same 
shall  be  registered  as  an  exchanged  bond,  together  with  the 
date  of  exchange,  the  name  of  the  person  from  whom  it  was 
received,  and  the  number  of  the  bond  given  in  exchange 
therefor,  and  shall  be  safely  kept  until  all  the  bonds  of  like 
description  shall  have  been  in  a like  manner  received  in 
exchange,  or  shall  have  been  redeemed  or  otherwise  paid  olf 
and  satisfied,  and  thereupon  the  bonds  so  received  in  exchange, 
and  compromising  [comprising]  all  of  the  like  description, 
tenor,  and  effect,  not  otherwise  redeemed  and  paid,  shall  be 
cancelled  by  the  party  of  the  second  part,  its  successor  or 
successors  in  this  trust,  and  delivered  to  the  party  of  the  first 
part,  and  the  trust  deed  or  mortgage  securing  the  same  shall 
thereupon  be  duly  satisfied  and  discharged  of  record.  And  the 
books  of  registry  and  account  of  said  bonds,  so  exchanged, 
shall  be  kept  open  for  the  examination  and  inspection  of  any 
party  in  interest,  at  all  reasonable  times. 

And  it  is  further  Mutually  Understood  and  Agreed,  by  and 

between  the  parties  hereto,  that  whenever  under  and  by  virtue 
of  the  provisions  of  either  of  the  aforesaid  trust  deeds  and 
mortgages,  either  of  the  bonds  so  received  in  exchange  as 
aforesaid  shall  be  drawn  by  lot  for  redemption,  the  bond  issued 
in  exchange  for  the  one  so  drawn  shall  be  redeemed  and  paid 
off  by  the  said  party  of  the  second  part,  its  successor  or  suc- 
cessors, and  the  said  exchanged  bond,  and  the  one  so  issued 
for  it,  shall  be  cancelled  and  delivered  up  to  the  i)arty  of  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


first  part;  and  in  case,  upon  the  satisfaction  and  discharge  of 
either  of  said  trust  deeds  or-  mortgages,  there  shall  be  in  the 
possession  or  under  the  control  of  the  Trustee  or  Trustees  there- 
under any  moneys,  notes,  bills,  bonds,  choses  in  action,  or 
other  things  of  value  received  and  held  by  it  or  them,  as  and 

for,  or  on  account  of  and  belon^ino: to  the  sinking  fund  created^.  , . „ , 

. ° ® Sinking  Funds  under 

by  either  of  said  trust  deeds  or  mortgages,  the  same,  and  other  Mortgages. 

every  part  and  parcel  thereof,  shall  thereupon  be  paid,  trans- 
ferred, assigned,  and  made  over  unto,  and  be  held  by,  the 
party  of  the  second  part,  its  successor  or  successors  in  this 
trust,  subject  to  the  trusts  herein  expressed  and  declared. 


Article  Third.  — Two  Thousand  Six  Hundred  and  Fifty- 2655  Bonds,  how 
five  of  the  Bonds  hereby  secured,  being  those  numbered  from 
seven  thousand  three  hundred  and  forty -six  to  ten  thousand,  , 

both  inclusive,  shall  be  issued  and  forthwith  delivered  to  the  >5^  ^ 

party  of  the  first  part.  ^ 


Article  Fourth.  — Tlie  Kemaininj*  Four  Thousand  of  4000  Bonds,  how  j 

used. 

the  Bonds  secured  herebv,  beiiifj  those  numbered  from  ten  thou- 

sand  and  one  to  fourteen  thousand,  both  inclusive,  shall  be  issued 

and  used  only  for  the  construction  of  the  })roposed  extension  of 

the  railway  of  the  party  of  the  first  part  south  of  the  Arkansas 

River,  and  extending  southerly  a distance  of  one  hundred  and  Extension  through 

sixty  miles,  more  or  less,  through  the  Indian  Territory,  as 

hereinbefore  recited.  Such  bonds  shall  only  be  issued  and 

delivered  to  the  party  of  the  first  part  in  jiroportiouate  amounts 

and  upon  the  completion  of  any  section  or  sections  of  said 

road,  the  length  of  which  completed  section  or  sections  shall 

be  determined  by  the  certificates  of  the  Chief  Engineer  and 

(leneral  Superintendent  and  the  President  of  the  party  of  the 


first  part:  Provided^  however,  that  whenever  anv  contract  or , 

contracts  for  the  construction  of  any  fifty  miles  of  such  pro- ing  50  Miles  of  Road. 

posed  extension  shall  be  made,  a proportionate  amount  of  said 

bonds  shall,  at  the  option  of  the  party  of  the  first  })art,  be  issued 

and  delivered  to  it  by  the  l)art3^  of  the  second  part,  to  be  used  in 

the  construction,  completion,  and  equipment  of  such  portion 

or  portions  of  road;  j)^'ovided  further ^ all  or  any  g.^ie3  of  Bonds. 

part  or  portion  of  such  bonds  may  be  offered  for  sale  at  any 

time  hereafter;  and  in  case  sales  thereof  shall  be  made,  the 

proceeds  shall  be  received  by  the  party  of  the  second  [)art, 

its  successor  or  successors  in  this  trust,  and  i)roportionate 

amounts  thereof,  determined  in  like  manner,  shall  be  paid  to 

the  party  of  the  first  part  in  place  of  a deliveiy  of  bonds  as  in 

this  article  is  provided. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Sinking  Fund.  Ahticle  Fifth. — And  for  the  Purpose  of  Providing- a 

Sinking  Fund  for  the  redemption  of  the  bonds  secured  hereby, 
it  is  further  understood  and  agreed  between  the  said  parties 
hereto,  as  follows  : The  party  of  the  first  part  shall  pay  to  the 
party  of  the  second  part,  its  successor  or  successors  in  this 
trust,  on  the  first  day  of  February,  one  thousand  eight  hun- 
dred and  seventy-four,  a sum  equal  to  one  per  cent,  in  gold 
coin  aforesaid,  of  the  aggregate  principal  of  the  bonds  men- 
tioned in  Article[s]  Third  and  Fourth,  which  shall  have  then 
been  delivered  to  the  said  party  of  the  first  part,  or  sold,  and 
of  the  bonds  set  apart  in  Article  Second  to  be  exchanged  for 
outstanding  bonds  secured  by  the  said  trust  deeds  or  mortgages 
made  by  the  Union  Pacific  Railway  Company,  Southern  Branch, 
and  the  Tebo  and  Neosho  Railroad  Company  and  the  party 
hereto  of  the  first  part,  or  by  either  of  said  trust  deeds  or 
mortgages,  if  they  or  either  of  them  shall  have  then  been 
satisfied  and  discharged  of  record  as  provided  in  Article 
Second  ; and  shall  also  pay  on  or  before  the  first  day  of 
February,  in  every  year  thereafter,  a like  sum,  and  interest  at 
the  rate  of  seven  percent,  in  the  same  coin,  upon  all  payments 
theretofore  made. 

Satisfaction  of  Prior  If  the  said  last  mentioned  trust  deeds  or  mortgages,  or  either 

Mortgages.  them,  shall  not  have  been  satisfied  and  discharged  of  record, 

as  provided  in  Article  Second,  on  or  before  the  first  day  of 
February,  one  thousand  eight  hundred  and  seventy-four,  then 
whenever  either  of  said  trust-deeds  or  mortgages  shall  have 
been  so  satisfied  and  discharged,  the  party  of  the  first  part 
shall,  on  the  first  day  of  February  next  succeeding  such  satis- 
faction and  discharge,  pay  to  the  party  of  the  second  part,  its 
successor  or  successors  in  this  trust,  such  sum  in  gold  coin 
aforesaid,  as,  taken  together  with  the  amount  then  standing 
to  the  credit  of  the  sinking  fund  created  b}^  such  trust  deed  or 
mortgage,  would  by  the  provisions  of  this  article,  have  been 
received  on  that  day  by  the  said  party  of  the  second  part,  its 
successor  or  successors,  on  account  of  the  bonds  set  apart  to 
be  exchanged  for  those  secured  by  such  trust  deed  or  mort- 
gage, if  such  trust  deed  or  mortgage  had  been  so  discharged 
on  or  before  the  first  day  of  February,  one  thousand  eight 
hundred  and  seventy-four  ; and  the  said  party  of  the  first  part 
shall  also  pay  on  or  before  the  first  day  of  February,  in  every 
year  after  such  first  payment,  a sum  equal  to  one  per  cent,  in 
the  gold  coin  aforesaid,  of  the  aggregate  princii)al  of  such 


TIIK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


1H7 


bonds  Jind  interest  at  the  rate  of  seven  per  cent,  in  the  same 
coin  on  all  payments  theretofore  made. 

If  all  the  bonds  mentioned  in  Article  Fourth  shall  not  have 
been  delivered  to  said  party  of  the  first  part,  or  sold,  by  the 
said  first  day  of  February,  eighteen  hundred  and  seventy-four, 
then  on  the  first  day  of  February  next  succeeding  the  issue  of 
any  portion  of  such  bonds,  either  by  delivery  to  the  party  of 
the  first  part,  or  by  sale  thereof,  the  party  of  the  first  part 
shall  pay  to  the  party  of  the  second  part,  its  successor  or  suc- 
cessors, such  sum  in  gold  coin  aforesaid  as  by  the  provisions 
of  this  Article  would  have  been  received  to  that  date,  by  the 
party  of  the  second  part,  its  successor  or  successors,  on 
account  of  such  bonds,  if  such  issue  had  been  made  on  or  before 
the  said  first  day  of  Februaiy,  eighteen  hundred  and  seventy- 
four  ; and  the  said  party  of  the  first  part  shall  also  pay  on  or 
before  the  first  day  of  February,  in  every  year  after  such  first 
payment,  a sum  equal  to  one  per  cent,  in  gold  coin  aforesaid 
of  the  aggregate  principal  of  such  bonds,  and  interest  at  the 
rate  of  seven  per  cent,  in  the  same  coin  on  all  i)ayments  there- 
tofore made. 


And  in  case  such  satisfaction  and  discharge  of  the  said  Satisfaction  of  Mort- 
trust  deed  or  mortgage  of  the  Union  Pacific  Railway  Uom- 
pany.  Southern  Branch,  shall  have  been  in  c()nse(iuence  of  theem  Branch, 
payment  or  redemption  of  the  bonds  secured  by  such  deed  of 
trust  or  mortgage  under  the  provisions  in  that  behalf  therein 
contained,  then  the  moneys,  notes,  bills,  bonds,  choses  in 
action,  mortgages,  and  all  other  things  of  value  remaining  in 
possession  of,  or  held  by,  the  Trustees  of  said  deed  of  trust  or 
mortgage,  shall  be  paid,  assigned,  transferred,  and  set  over 
unto  the  party  hereto  of  the  second  })art,  its  successor  or  suc- 
cessors in  this  trust,  and  shall  thereafter  become  and  be  held 
upon  the  trusts  herein  expr(‘ssed  and  declared  ; and  the  moneys 
so  i)aid,  and  all  other  sums  collected  or  received  from  the  said 
choses  in  action,  and  other  securities  so  transferred  as  afore- 
said, shall  })e  and  become  a i)art  of  the  trust  fund  created  and 
set  apart  for  the  })aymentof  the  interest  iqx)!!,  and  the  redemp- 
tion of  the  bonds  issued  under  and  by  virtue  of  these  i)resents. 


It  is  furtlier  Expressly  Uii(lerstoo<l,  that  before  the  j)arty 
of  the  first  part  slndl  be  required  to  mak(‘  either  or  any  of  the  - 

payments  in  this  article  directed,  it  shall  receive  credit  on 
account  thereof  for  all  moneys  that  shall  have  been  received 
during  the  year  in  which  such  payment  is  to  be  made  by  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAAN 


U)8 


party  of  the  second  part,  its  successor  or  successors,  from  any 
source  from  which,  by  the  provisions  of  these  presents, 
moneys  forming  a part  of  the  sinking  fund  are  to  be  derived. 


Trustee  to  designate  further  Mutually  Agreed,  by  and  between  the 

by  Lot  Bonds  for  parties  hereto,  that  immediately  after  the  payment  into  the 
Payment.  „ , 

Sinking  fund  of  any  sum  of  money  hereby  required  to  be  paid, 

the  party  of  the  second  part,  its  successor  or  successors  in  this 

trust,  will  designate  by  lot  a number  of  bonds,  sufficient  to 

equal,  as  near  as  may,  be  the  accumulations  of  the  said  fund 

applicable  thereto,  for  redemption,  at  the  par  value  thereof. 

Notice  of  Bonds  and  shall  thereupon  cause  a notice  to  be  printed  in  two  or 

more  of  the  daily  newspapers  published  in  the  City  of  New 

New  York,  for  sixty  days,  stating  the  numbers  of  the  bonds 


so  designated  for  redemption,  and  at  the  expiration  of  such 
time  interest  on  the  said  bonds  shall  cease. 


Surplus  Moneys  to  Akticle  Sixth. — And  it  is  further  Understood  and  Agreed 
inent^of'lnte'rLf^' ' J^nd  between  the  parties  hereto,  that  if,  after  pass- 

Coupons.  credit  of  the  party  of  the  first  part  on  account  of 

the  moneys  to  be  paid  into  the  sinking  fund  as  hereinbefore 
provided,  all  moneys,  proceeds  of  the  sales  of  any  of  the  lands 
hereby  conveyed,  other  than  the  lands  conveyed  by  the  trust 
deed  or  mortgage  of  the  Union  Pacific  Railway,  Southern 
Branch;  and,  after  the  satisfaction  of  said  last  named  mort- 
gage, then  all  moneys,  proceeds  of  the  lands  conveyed  thereby, 
there  shall  remain  in  the  hands  or  under  the  control  of  the 
party  of  the  second  part,  any  surplus  over  and  above  the 
amount  to  be  paid  in  each  year  into  said  sinking  fund,  the 
party  of  the  second  part,  its  successor  or  successors,  shall 
apply  such  surplus  as  the  party  of  the  first  [part]  may  elect, 
either  directly  to  the  payment  of  the  interest  cou}X)ns  hereby 
. secured,  at  its  office  in  the  City  of  New  York,  or  by  the  pay- 

ment of  such  surplus  to  the  party  of  the  first  part,  on  the 
presentation  and  surrender  of  a like  amount  of  such  coupons 
paid  by  the  party  of  the  first  part. 

Subdivision  Bonds  of  ARTICLE  SEVENTH. — The  said  Party  of  the  First  Part 
$50,  $100  or  $500.  ^lie  right,  at  its  option,  to  issue,  or  exchange  and 

reissue,  either  or  any  of  the  bonds  hereby  secured,  in  subdi- 
visions of  fifty,  one  hundred,  or  five  hundred  dollars  each,  in 
such  form  as  shall  be  approved  by  the  said  ])arty  of  the  second 
l)art,  such  subdivision  bonds  to  be  authenticated  by  certihcates 
indorsed  thereon,  duly  signed  by  the  said  party  of  the  second 
f)art,  and  each  of  them  to  bear  the  number  of  the  bond  to 


rilK  IVIISSOIIRI,  KANSAS  AND  TEXAS  RAILWAY. 


199 


which  it  shall  belong;  and,  in  addition  thereto,  a letter  of  the 
alphabet,  coniinencing  with  the  letter  A,  for  the  first  subdi- 
vision of  every  bond  so  subdivided,  and  so  on  in  the  consecu- 
tive order  of  the  letters  of  the  alphabet  for  the  remaining 
subdivisions  of  every  such  bond. 

Article  Eighth.  — The  Party  of  the  First  Part  doth 
hereby  further  covenant  and  agree  to  and  with  the  party  of 
the  second  part,  and  its  successor  or  successors  in  this  trust, 
that  the  party  of  the  first  part  shall  at  all  times  hereafter  keep 
at  its  office  in  the  City  of  New  A^ork,  and  in  such  other  places 
in  this  country  or  in  Europe  as  it  may  hereafter  appoint,  a 
book  or  books,  which  shall  be  respective^  designated  as 
Register  of  Bonds,  issued  under  the  Consolidated  Mortgage 
and  that  any  holder  of  any  of  the  bonds  issued  under  the 
provisions  of  this  indenture  may  there  register  his  bonds  upon 
})resenting  the  same;  and  that  when  a bond  is  so  registered  in 
the  name  of  any  person,  such  person  shall  be  deemed  and 
regarded  as  the  owner  of  such  bond  ; and  that  all  payments  of 
either  princii)al  or  interest  thereon  shall  thereafter  be  made  to 
him  or  his  order  only  ; and  that  such  payments  to  him  or  to 
his  order  shall  be  valid  payments  of  such  principal  or  interest, 
and  a discharge  to  the  party  of  the  first  part  to  the  extent  of 
the  sums  so  paid.  And  also  that  such  registry  may  be  changed 
upon  ])resentation  of  the  bond  with  the  written  order  of  the 
[lerson  in  whose  name  it  is  registered,  properly  authenticated, 
to  the  name  of  such  person  as  may  by  the  said  written  order 
be  designated  for  the  purpose,  and  lu*  shall  tlnu’cafter  be 
deemed  and  regarded  as  the  owner  of  the  bond  and  its  interest 
coupons,  under  thesame  circumstanc(‘s  and  conditions,  and  with 
the  same  rights  as  the  })rior  owner,  including  tin*  right  to 
chan<>::e  the  rcf^ist ration  in  manner  aforesaid;  and  so  from  time 
to  time  as  the  ownei-  for  th(‘  time  btung  may  desires  ; and  that 
the  registered  holder  may  also  have  th(‘  right  to  r(‘gister  the 
bond  as  payabh*  to  bearer,  in  which  cast;  the  liond  and  interest 
coupons  shall  be  payable*  to  the  holder  [)i’esenting  the  same. 
And  any  holder  of  a bond  so  r(‘gistt‘r(‘d  as  })ayable  to  bearer 
may  ajrain  cause  it  to  be  re<>;istered  in  his  name,  with  the  same 
effect  as  the  first  registration,  and  succ(‘ssive  registrations  may 
in  the  same  mamu^r  be  madt;  from  time  to  time  as  may  be 
desired  ; and  also  that  the  holdm*  of  any  of  said  bonds  may, 
jit  his  o})tion,  surrender  the  coupons  attached  thereto  to  be 
cancelled,  in  which  case  interest  thereon  will  thereaft(‘r  be 
j)ayable  to  him  or  his  oi*der  only. 


Registration  of 
Bonds. 


Registration  to 
Bearer. 


200 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Company  to  make 
Li.sts,  Schedules  and 
Maps  of  Land. 


May  re-value  the 
Lands  on  Approval 
of  Trustee. 


Article  Ninth.  — It  is  further  Mutually  Agreed,  by  and 
between  the  parties  hereto,  that  the  said  party  of  the  first  part 
will,  with  all  reasonable  dispatch,  make  and  deliver  to  the  said 
party  of  the  second  part  true  and  accurate  lists,  schedules,  and 
maps  showing  the  numbers,  precise  quantity  of  lands,  location, 
position,  and  boundaries  of  each  and  every  piece,  parcel,  sec- 
tion, or  parts  of  sections  of  the  aforesaid  lands  now  owned,  or 
any  lands  which  may  be  hereafter  owned  or  acquired  by  it,  not 
required  for  the  necessary  or  convenient  operation  of  the  Rail- 
roads of  the  party  of  the  first  part,  and  also  lists  and  schedules 
showing  the  minimum  valuation  and  prices  at  which  the 
respective  pieces,  parcels,  sections,  or  parts  of  sections  of  said 
lands  may  be  sold  and  conveyed,  as  hereinafter  provided,  which 
shall  be  approved  by  the  Board  of  Directors,  and  signed  by  the 
President  and  Secretary  of  the  party  of  the  first  part,  and  also 
approved  and  signed  by  the  party  of  the  second  part.  But  it 
is  understood  and  agreed,  by  and  between  the  parties  hereto, 
that  the  said  party  of  the  first  part  by  and  with  the  consent 
and  approval  in  writing  of  the  party  of  the  second  part  or  of 
its  successor  or  successors  in  this  trust,  may  at  any  time,  not 
oftener  than  once  in  each  year  from  the  date  of  the  last 
approval  by  the  party  of  the  second  part,  revalue  all  of  said 
lands  not  then  sold,  and  reaffix  to  each  })arcel  or  section  of 
the  then  unsold  lands  a new  minimum  price,  and  upon  the 
approval  of  the  said  party  of  the  second  part  of  such  new 
valuation  or  minimum  prices,  the  same  ^hall  thereafter  become 
liinding  upon  both  parties  hereto. 


How  Deeds  shall  be 
given  to  Purchasers 
of  Land. 


And  that  the  said  Party  of  the  First  Part,  with  the  con- 
sent in  writing  of  said  party  of  the  second  jiart,  its  successor 
or  successors  in  this  trust,  may  sell  and  convey  any  such  lands 
not  necessary  or  required  to  be  retained  for  the  convenience 
and  use  of  the  Company,  and  that  whenever  the  said  party  of 
the  first  part  shall,  from  time  to  time,  certify  to  said 
Trustee  that  it  has  sold  or  contracted  for  the  sale  of  any  sec- 
tions, parcel  or  parcels  of  said  lands,  the  said  Trustee,  its  suc- 
cessor or  successors  in  the  trust,  shall  and  will  join  with  the 
said  party  of  the  first  part  in  duly  executing  a deed  or  contract 
sufficient  in  law  to  convey  to  the  purchaser,  his  heirs  or  assigns, 
all  the  right,  title,  interest,  projierty,  ])ossession,  claim, 
demand,  and  estate  of  both  the  [)arties  to  this  indenture  in 
and  to  the  parcel  or  section  of  land  so  sold.  And  the  said 
party  of  the  second  })art  shall  and  will  deliver  such  deed  or 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


201 


contract  to  such  purchaser,  upon  receiving  from  him  the 

whole  price  of  such  parcel  or  section  of  land,  either  in  cash, 

or,  if  such  land  be  sold  upon  credit,  then  upon  receiving  from 

such  })urchaser  such  portion  of  the  said  price  as  shall  be  agreed 

to  be  paid  in  cash  ( which  shall  not  be  less  than  ten  per  cent,  of  , , , 

1 • X -1  1 *1  PI  J^ands  may  be  Sold 

the  whole  price),  together  with  a bond  for  the  residue  of  the  on  Credit. 

purchase-money,  secured  by  mortgage  upon  the  land  thus  sold, 
executed  by  the  purchaser  to  said  party  of  the  second  part  in 
due  form,  to  secure  to  it  the  payment  of  the  residue,  with 
interest  thereon  at  the  rate  of  not  less  than  seven  percent,  per 
annum,  payable  semi-annually  or  annually  ; and  every  such 
bond  and  mortgage  shall  contain  a provision  to  the  effect  that 
in  case  the  interest  thereon  shall  remain  in  arrear  and  un]:)aid 
for  six  months  after  the  same  shall  become  due,  then  the  whole 
amount  of  the  principal  sum  mentioned  therein  .shall  there- 
upon, immediately  after  the  expiration  of  the  said  six  months, 
become  due  and  payable  ; and  every  such  mortgage  shall  also 
contain  a personal  obligation  on  the  })art  of  the  purchaser  and 
mortgagor  to  pay  the  principal  and  interest  thereby  secured, 
at  the  times  and  accordinj;  to  the  terms,  tenor  and  le<;al  (‘ffect 
of  said  bond  tlKU'ein  mentioned.  The  deeds  so  to  be  given  Mortgajje  by 
shall  bear  even  date  with  the  bonds  and  mort<]:a<>::es  so  to  be 
executed,  and  shall  specify  the  actual  and  true  amount  of  the 
whole  consideration-money  or  })rice,  and  the  manmu’  in  which 
the  same  has  becm  paid  or  secur(‘d  : (‘very  such  bond  and  mort- 
gagee shall  be  h(‘ld  by  .said  Trustee  for  the  pur[)ose  of  the  trusts 
herein  declared,  and  Jis  })art  of  the  trust  estate,  and  as  secur- 
ity for  the  bonds  this  mortgag(‘  is  giv(‘n  to  .s(‘cure.  Subject, 
how(ever,  until  the  above  mentioned  mortgage*  of  the  said  Union 
Pacific  Railway  Company,  Southern  Branch,  shall  have  be‘en 
fully  satisheed,  to  the  i-ight  of  the*  'rru.stees  therein  to  receive  oi* 
claim  the  consideration  for  the  sale  of  any  ])orti()n()f  the  lands 
incluel(;d  in  said  morto:aj>:e. 

Aiiel  it  i.s  fiirtluM*  Af*i*(‘e*el,  between  the  |)artie*.s  hereto  Expenses  of  Land 
that  out  of  the  i)roceed.s  of  sales  of  the  afore.said  hinds,  the* 
said  liarty  of  the  second  part  shall  pay,  from  time  to  time,  as 
reepiired  by  the  said  Jiarty  of  the  first  })ai‘t,  all  necessary  and 
[iropei’  (‘xpenses  of  the  Land  l)e})artnient  of  the  said  paify  of 
the  first  })art,  as  shown  by  accounts  thereof,  to  be*  duly  veri- 
fi(*(l,  including  salaries,  ollice*  (expenses  of  land  commissioneu’s, 
expenses  of  ap|)raising,  surveying,  and  locating  lands, 
taxes,  stanijis,  jind  fee*s,  expemses  of  advertising,  iirinting,  and 


I*ur- 

ohaser  to  secure  Tur- 
chase  3lonev. 


rustee. 


202  THE 


Proceeds  of  Sales 
paid  into  Sinking 
Fund. 


Conflicts  of  Title  be- 
tween Company  and 
Pre-emptors. 


Authorit}^  to  increase 
Mortgage  Debt,  in 
case  Road  is  extended 
or  other  Roads  are 
purchased  or  con- 
structed. 


Rate,  $20,000  and 
$25,000  per  Mile. 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


stationery,  and  of  foreign  agents,  commissions  on  sales  made 
by  agents,  gratuities  and  allowances  for  improvements,  and 
legal  expenses.  And  that  said  party  of  the  second  part  shall 
retain  to  its  own  use  out  of  the  proceeds  of  said  sales  its  own  just 
allowances  for  services  rendered  and  expenses  incurred  in  the 
premises.  And  that  the  balance  of  the  proceeds  of  sales  of 
the  aforesaid  lands  shall  be  appropriated  to  the  purposes  of  the 
sinking  fund  hereinabove  provided  for  the  redemption  of  the 
bonds  hereby  secured,  except  as  herein  otherwise  directed. 

And  it  is  further  Mutually  Agreed,  by  and  between  the 
parties  hereto,  that  in  the  event  of  a conflict  of  claims  to  the 
title  to  any  of  the  above  described  lands,  on  the  part  of  pre- 
emptors  or  other  claimants  or  actual  settlers  thereon,  the  said 
party  of  the  first  part  and  the  said  Trustees,  shall  have  power 
to  amicably  compromise,  settle  and  adjust  said  claims,  on  such 
terms  as  said  Trustees  shall  approve. 

Article  Tenth. — It  is  further  Mutually  Agreed,  by  and 
between  the  parties  hereto,  that  if  the  said  party  of  the  first 
part  shall  hereafter,  under  any  right  or  franchise  now  owned 
by  it,  and  not  conveyed  by  this  trust  deed  or  mortgage,  further 
extend  its  said  road,  or  shall  under  any  right  or  franchise  now 
owned,  or  hereafter  to  be  acquired,  construct  any  other  rail- 
road or  railroads  or  become  tlie  owner  of  any  other  railroad 
already  constructed,  then  for  every  such  extension,  and  eveiy 
such  railroad  constructed  or  to  be  constructed,  a further  issue 
of  bonds  may  be  made  hereunder  by  the  said  party  of  the  first 
part,  the  aggregate  amount  of  which  shall  not  exceed  the  rate 
of  twenty  thousand  dollars  for  every  mile  of  road,  where 
lands  shall  not  have  been  granted  by  any  State  or  by  the 
United  States  to  aid  [in]  the  construction  thereof,  and  twenty- 
five  thousand  dollars  per  mile  in  all  cases  where  lands  shall 
have  been  so  ^ranted  ; such  bonds  to  be  issued  in  the  same 
proportions  and  upon  the  same  condition[s]  as  hereinbefore  pro- 
vided in  Article  Fourth  for  the  issue  of  the  bonds  to  which  said 
Article  relates;  and  in  case  said  bonds  are  sold,  the  proceeds 
to  be  paid  over  as  also  in  said  Article  provided.  And  all  such 
bonds  shall  be  of  the  same  tenor  as  that  provided  for  in  the 
form  of  bond  hereinbefore  set  forth,  subject  only  to  neces- 
sary variation  as  to  the  distinguishing  numbers  and  the  dates 
thereof,  and  shall  bear  numbers  running  from  the  number 
fourteen  thousand  upwards,  and  shall  be  entitled  to  the  benefit 
of  a sinking  fund,  to  be  created  in  the  same  manner  as  is  here- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


20P> 


iiibcfore  provided.  And  the  said  party  of  the  first  part  hereby 

aofrees  to  execute  and  deliver  to  the  said  party  of  the  second  part,  further 

^ I ./  L Assurance. 

its  successor  or  successors,  upon  every  such  further  issue  of 
bonds,  any  further  reasonable  and  necessary  trust  deed  or  mort- 
gage, to  bring  in  and  subject  to  the  conditions  of  thesepresents 
every  such  extended  or  future  accpiired  road,  any  [and] 
every  other  land  and  property,  real  or  personal,  that  may  here- 
after be  acquired  by  it  for  the  purpose  and  with  the  intent  of 
securing  the  payment  of  the  said  bonds  composing  every  such 
increased  issue,  as  well  as  the  bonds  hereinabove  described, 
equally  and  alike  upon  the  property  of  the  said  party  of  the 
first  part,  with  the  interest  due  and  to  grow  due  thereon,  and 
the  payment  to  said  Trustee  of  the  said  sinking  fund,  in  the 
same  manner  as  if  all  said  bonds  had  been  originally  secured 
by  one  and  the  same  trust  deed  or  mortgage. 

Provided,  however,  that  if  any  Railroad  or  Railroads  which  Koads  acquired  and 
may  hereafter  be  jicquired  by  the  party  of  the  first  i)art  shall, 
at  the  time  of  such  acquisition,  be  subject  to  the  lien  of  any 
trust  deed  or  mortgage  thei*etofore  made  to  secure  bonds  then 
outstanding,  no  more  bonds  shall  be  issued  hereunder  on  any 
such  Railroad  or  Railroads  than  such  an  amount  as  shall, 
together  with  such  outstanding  bonds,  be  ecjual  to  the  rate  per 
mile  hereinbefore  mentioned;  but  bonds  may  be  issued  here- 
under on  any  such  Railroad  or  Railroads  in  exchange  for  an 
equal  amount  of  such  outstanding  bonds. 


Article  Eleventh.  — The  said  Party  of  the  First  Part, Covenant  to  pay 
hereby  further  agrees  that  it  will  })ay  or  cause  to  be  paid 
bonds  herein  mentioned,  and  the  interest  thereon  according  to 
the  terms  thereof,  and  jdl  taxes,  levies,  and  assessments 
imjiosed  and  jissessed,  or  which  may  hereafter  be  impos(‘d  or 
assessed  u[)on  tin;  ])reniises,  franchises,  and  property  hereby 
conveyed  or  intended  so  to  be,  and  also  the  Ibiited  States 
Government  tax  upon  the  interest  payable  on  said  bonds  and 
each  of  them,  and  represented  by  the  coupons  annexed  to  said 
bonds,  and  will,  at  its  own  cost  and  exiiense,  do  or  caused  to 
be  done  all  things  necessary  to  preserve  and  keep  valid  and 
intact  the  lien  or  incumbrance  hereby  created. 


Article  Twelfth.  — In  Case  I>efault  shall  he  nia<h‘  in  th(‘  tn  Case  of  Default, 
payment  of  any  interest  iq)on  either  of  said  bonds,  when  the 
same  shall  become  due  Jind  payable,  or  in  the  payment  of  any 
sum  or  sums  of  money  hereinbefore  })rovided  to  be  inside  for 


204 


THE  xMlSSOUKI,  KANSAS  AND  TEXAS  KAILWAY. 


the  creation  of  said  sinking  fund,  and  such  default  shall  con- 
tinue for  six  months  after  the  same  has  been  demanded,  the 
whole  principal  sum  mentioned  in  each  and  all  of  said  bonds 
then  outstanding  shall,  at  the  option  of  the  holders  of  a 
majority  in  interest  of  said  bonds,  forthwith  become  due  and 
payable.  And  in  such  case  it  shall  be  lawful  for  the  said 
party  of  the  second  part,  its  successor  or  successors,  to  enter 
upon  all  and  singular  the  Railroads,  property,  and  premises 
hereby  conveyed  or  intended  to  be  convej^ed,  and  to  have. 
Trustee  authorized  hold,  use,  and  operate  the  same  until  the  same  shall  have  been 
to^take  Possession,  or  otherwise  disposed  of  in  pursuance  of  the  power  herein- 

after mentioned,  or  by  virtue  of  the  decree  of  some  Court  of 
competent  jurisdiction,  and  until  such  time,  and  from  time  to 
time  to  make  all  needful  repairs  and  replacements,  and  such  use- 
ful alterations,  additions,  and  improvements  to  said  Railroads 
as  may  be  necessary  for  the  proper  working  of  the  same,  and 
to  receive  the  tolls,  freight,  income,  rents,  issues,  and  profits 
thereof;  and  after  deducting  the  expenses  of  operating  and 
managing  the  said  Railroads  and  other  property,  and  of  the 
said  repairs,  replacements,  additions,  and  improvements,  as 
well  as  just  compensation  for  its  own  services,  and  for  the 
services  of  such  managers,  servants,  agents,  attorneys,  and 
counsel  as  may  have  been  by  it  employed,  to  apply  the  moneys 
accruing  as  aforesaid,  to  the  payment  of  the  said  bonds  pro 
rata,  and  without  discrimination  or  preference,  and  thereafter 
to  pay  over  any  surplus  to  the  said  party  of  the  first  part,  its 
successors  or  assigns,  or  as  any  Court  of  competent  jurisdic- 
tion shall  order,  and  to  restore  the  said  Railroads  and  other 
j)roperty  to  the  said  party  of  the  first  part. 

Trustee  authorized  Provided,  iievertlieless,  that  if  the  said  party  of  the  second 
to  demise  w ^et,  tor  successor,  or  successors  in  this  trust,  shall  think  it 

deemed  expedient,  expedient  after  such  entry  as  aforesaid,  it  shall  be  lawful  for 
it  or  them  to  demise,  or  let  the  said  Railroad,  or  Railroads, 
and  premises,  to  any  person  or  persons,  corporation  or  cor- 
porations, willing  to  work  and  operate  the  same,  for  such  term 
or  period,  at  such  rent  or  proportion  of  receipts  and  profits, 
and  generally  upon  such  terms  and  conditions  as  the  said  par- 
ties to  arn"  such  lease  shall  think  fit ; and  the  revenue  or  income 
to  arise  from  such  demise  shall  be  applied  in  the  same  manner 
as  the  net  revenue  or  income  to  arise  in  the  event  of  the  said 
Railroads  being  worked  and  operated  by  the  said  Trustee  or 


THE  .MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


205 


Trustees,  is  a])plicable  under  the  provision  immediately  lierein- 
bet’ore  contained. 

Article  Thirteenth.  — In  Case  Default  shall  he  so  made  power  of  yale. 
and  continue  as  aforesaid,  the  party  of  the  second  part,  its 
successor,  or  successors  in  this  trust,  may  also,  and  uj)on  the 
written  request  of  the  holders  of  at  least  one  thousand  of  such 
bonds  then  outstanding,  amounting  to  one  million  dollars,  shall 
foreclose  this  mortgage  by  legal  proceedings,  or  sell  or  cause 
to  be  sold  the  said  Railroads,  franchises,  and  property,  real  and 
l)ersonal,  hereby  conveyed  or  intended  so  to  be,  and  all  benefit 
and  equity  of  redemption  of  the  party  of  the  first  part,  in  and 
to  the  same  and  eveiy  part  thereof,  with  the  benefit  of  the 
franchises  aforesaid  which  said  last  mentioned  sale  shall  be  at 
public  auction  at  the  City  of  New  York,  or  at  either  of  the 
capitals  of  said  States  of  Kansas  and  ^Missouri,  on  previous 
notice  of  the  time  and  place  of  such  sale,  by  advertisement.  Notice  of  Sale, 
published  not  less  than  three  times  a week  for  ten  weeks  in  at 
least  two  newspapers  of  general  circulation  })ublished  in  the 
City  of  New  York,  and  two  in  each  of  the  said  States  of 
Kansas  and  Missouri,  and  in  such  other  places  as  may  be 
required  by  law  ; and  in  such  case  said  party  of  the  second 
l)art,  its  successor  or  successors  in  this  trust,  shall  make  and 
deliver  to  the  i)urchasers  of  the  said  i)remises  good  and  sutli- 
cient  deeds  of  conveyance  for  the  same,  in  fee  simple,  and  Trustee’s  Deed, 
said  sale  and  conveyance  shall  be  a })er[)etual  bar,  both  in  law 
and  equity,  jigainst  the  party  of  the  first  i)art,  its  successors 
and  assigns,  and  all  other  persons  claiming  by,  through,  or 
under  them,  of  all  right,  title,  inter(‘st,  or  claim  in  or  to  said 
railroads,  premises,  and  property,  and  every  part  and  parcel 
thereof.  And  in  case  of  such  sale,  the  })ai-ty  of  the  second 
l)art,  its  successor  or  successors,  may  bid  for  and  purchase 

‘ * Bondholders. 

said  property,  real  or  [lersonal,  or  any  part  thereof,  in  behalf 
of  the  holders  of  said  bonds. 

In  Case  of  such  Sale,  the  said  party  of  the  second  parti,,  ^ • 

shall  deduct  from  the  })roce(‘ds  of  such  sale  its  just  allowances  Trust, 
for  the  ex})enses  thereof,  including  attorneys’  and  counsel 
fees,  and  all  expenses  which  may  have  been  incurred  in  o})er- 
ating,  managing,  or  maintaining  the  said  railroads,  or  in  man- 
aging the  business  thereof,  as  well  as  just  compensation  for 
its  own  services,  and  thereafter  shall  apply  so  much  of  the 
said  proceeds,  as  may  be  necessary,  to  the  payment  of  the 


206 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Proceeds  of  Sale, 
how  applied. 


Receipt  of  Trustee, 
a Discharge  to  Pur- 
chaser. 


Trustee  mayemplo; 
Attorneys,  Counsel, 
Agents,  etc. 


Compensation  of 
Trustee. 


Resignation,  etc., 
of  Trustee. 


Successor  in  Trust 
appointed. 


principal  and  interest  of  the  said  bonds  then  remaining  unpaid, 
pro  rata,  Avithont  discrimination  or  })reference,  and  any  surplus 
remaining  after  such  payment  shall  be  paid  over  to  the  said 
party  of  the  first  part,  or  as  any  Court  of  competent  jurisdic- 
tion shall  order. 

And  it  is  hereby  Declared  that  the  receipt  or  receipts  of  the 
party  of  the  second  part,  its  successor  or  successors,  shall  be  a 
sufficient  discharge  to  the  purchaser  or  purchasers  of  the  premises 
hereby  mortgaged,  or  any  part  thereof,  and  so  sold  as  afore- 
said, for  his  or  their  purchase-money,  and  that  such  purchaser 
or  purchasershaving  such  receipts  shall  not,  after  the  payment 
thereof,  be  bound  to  see  to  the  application  of  said  mone3^s,  or 
be  in  any  manner  answerable  for  the  loss  or  misapplication 
thereof. 

Article  Fourteenth.  — The  said  Party  of  the  Second 
Part,  and  its  succesors  in  this  trust,  may  employ,  at  the 
expense  of  the  said  party  of  the  first  part,  such  attorneys, 
counsel,  or  other  agents  as  may  be  necessary  in  the  execution 
of  the  trusts  hereby  created,  and  shall  be  entitled  to  just  com- 
pensation for  all  services  rendered  in  the  execution  of  this 
trust,  and  to  be  reimbursed  for  all  necessary  expenditure  in 
and  about  the  same. 

Article  Fifteenth.  — And  it  is  further  Mutually  Agreed 
that  in  case  of  the  resignation,  removal,  insolvency,  or  inca- 
pacity, or  inability  for  any  other  reason  of  the  said  Union 
Trust  Coaipany  to  act  in  execution  of  the  trust  hereby  created, 
then  the  holders  of  majority  in  interest  of  said  bonds  may 
select  and  designate  in  writing  one  or  more  competent  per- 
sons, or  another  corporation  competent  to  act,  in  the  place  of 
said  Union  Trust  Company,  to  execute  said  trust.  And  until 
the  bondholders  make  such  selection,  the  President  of  the 
party  of  the  first  part,  Avith  the  consent  in  Avriting  of  the  OAvn- 
ers  or  holders  of  said  bonds  to  the  amount  of  two  hundred 
thousand  dollars,  may  select  and  api)oint  one  or  more  persons, 
or  another  corporation,  competent  to  act,  to  fill  the  vacancy, 
and  the  person,  persons,  or  corporation  so  selected  shall  have 
and  jiossess,  and  be  vested  Avith  the  same  rights  and  jioAvers  as 
a Trustee  or  Trustees,  as  he,  they,  or  it,  Avould  have  had  and 
possessed,  or  been  vested  Avitli,  had  lie,  they,  or  it  been  origi- 
nally made  a party,  or  parties,  to  this  indenture  ; and  the  said 
[)arty  of  the  first  part  hereby  covenants  to  inaki',  execute,  and 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


207 


<Icliv^er  all  such  other  or  furtlier  instruments,  deeds,  or  inden- 
tures as  may  he  necessary  to  enable  the  person  or  persons, 
or  corporations  so  appointed,  to  execute  the  trust  hereby 
created;  and  successors  of  any  such  new  Trustee  or  Trus- 
tees may  be  appointed  in  like  manner  as  often  as  a vacancy 
in  said  trust,  for  either  of  the  causes  above  mentioned,  shall 
occur. 


Article  Sixteenth.  — The  Party  of  the  First  Part  shall,  Covenant  for  further 

4^^  s s LI  I*  s<  n c 0 

from  time  to  time,  and  at  all  times  hereafter,  and  as  often  as 
thereunto  requested  by  the  parW  of  the  second  part,  its  suc- 
cessor or  successors,  execute,  acknowledge,  and  deliver  all  such 
further  deeds,  conveyances,  and  assurances  in  the  law,  for  the 
better  assuring  unto  the  party  of  the  second  part,  its  successor 
or  successors  in  the  trust  hereby  created,  upon  the  trusts  herein 
expressed,  the  lands,  railroads,  equipments,  and  appurtenances 
hereinbefore  conveyed,  or  intended  so  to  be,  and  all  other 
property  and  things  whatsoever  which  ma}'  be  hereafter 
acquired  for  use  in  connection  with  the  same  or  any  l)art 
thereof,  and  all  franchises  now  held,  including  the  franchise 
to  be  a corporation,  as  by  the  party  of  the  second  })art,  its 
successor  or  successors,  or  by  their  counsel  learned  in  the  law, 
shall  be  reasonable  advised,  devised,  or  recjuired. 

Article  Se\'exteextii.  — And  it  is  further  Aj'reed  that  r»ond3  to  be 
the  stamps  required  by  the  United  States  Revenue  Laws, 
instead  of  being  jilaced  on  this  mortgage,  shall  be  placed  on 
the  bonds  .secui-ed  hereby  as  the  same  shall  be  issiu'd. 


Provided  always,  and  this  grant  and  conveyance  is  iqion  the 
express  condition  that  until  some  default  shall  be  made  in  the 
performance  or  observance  of  the  conditions,  obligations,  or 
requirements  herein  contained,  the  said  party  of  the  tirst  part 
shall  be  iiermitted  to  jiossess,  manage,  0})erate  and  enjoy  all 
the  said  Railroads,  with  their  equipments  and  apjiurtenances, 
and  all  other  the  lands  and  jiremises,  property  and  franchises 
hereinbefore  described;  and  that  upon  the  [layment  in  full  of 
said  bonds,  and  interest  due  thereon,  then  the  estate,  title,  and 
interest  hereby  granted  shall  cease,  determine,  and  be  void; 
and  the  said  party  of  the  second  part,  its  successor  or  suc- 
cessors, in  this  trust,  shall  convey,  assign,  transfer  and  deliver 
over  to  said  party  of  the  first  part,  and  its  successors,  all  the 
said  Railroads,  their  eipiipments  and  appurtenances,  and  all 
moneys,  notes,  bills,  bonds,  mortgages,  choses  in  action,  and 


Possession  to  remain 
witli  Company, 
until,  etc. 


Defeasance. 


208  . THE  MISSOUKl,  KANSAS  AND  TEXAS  KATLWAY. 


property,  real,  personal,  and  mixed,  and  things  of  value 
remaining  in  its  possession,  and  shall  duly  execute  and  deliver 
to  the  said  party  of  the  first  part  a proper  release  or  satisfac- 
tion of  this  mortgage. 

In  Witness  Whereof,  the  said  party  of  the  first  part 
has  caused  its  corporate  seal  to  be  hereunto 
affixed,  and  the  same  to  be  attested  by  the  signa- 
tures of  its  President  and  Secretary;  and  the 
said  party  of  the  second  part,  to  evidence  its 
acceptance  of  the  trust  hereby  created,  has  also 
caused  its  corporate  seal  to  be  hereunto  affixed, 
and  the  same  to  be  attested  by  the  signatures  of 
its  President  and  Secretary,  the  day  and  year 
first  above  written. 


Missouri,  Kansas  and  Texas  Railway  Co^ipany, 

By  Levi  Parsons,  President. 


H.  B.  Henson,  Secretary. 

Union  Trust  Company  of  New  York, 
By  I.  H.  Frothingiiam,  President. 
C.  T.  Carlton,  Secretary. 


State  of  New  York, 

City  and  County  of  New  York, 

Notarial  Certificate  remembered,  that  on  this  first  day  of  February,  A.  D. , 

of  Acknowledgment.  Qj^g  thousand  eight  hundred  and  seventy-one,  before  me,  the 
subscriber,  Oliver  P.  C.  Billings,  a Commissioner  in  and  for 
the  State  of  New  York,  appointed  by  the  Governor  of  the 
State  of  Missouri,  to  take  proof  and  acknowledgment  of  deeds, 
mortgages,  or  any  other  instrument  to  be  used  or  recorded  in 
the  said  State  of  Missouri,  personally  appeared  Levi  Parsons 
and  H.  B.  Henson,  who  are  personally  known  to  me  to  be  the 
identical  persons  Avhose  names  are  affixed  to  the  foregoing 
indenture,  as  respectively  President  and  Secretary,  and 
acknowledged  the  same  to  be  the  voluntary  act  and  deed  of  said 
Missouri,  Kansas  and  Texas  Railway  Company,  and  each  be- 
ing by  me  duly  SAVorn,  deposes  and  says,  each  for  himself, 
that  he,  Levi  Parsons,  is  President,  and  [that]  he,  H.  B.  Hen- 
son, is  Secretary,  of  said  Raihvay  Company;  that  the}^  signed 
the  foregoing  instrument  as  such  I’resident  and  Secretary,  and 
caused  the  corporate  seal  of  said  Company  to  be  affixed  thereto, 
all  as  the  act  and  deed  of  said  Company,  by  order  and  author- 


THE  MISSOITKI,  KANSAS  AND  TEXAS  RAILWAY. 


209 


ity  of  said  Company,  for  the  uses  and  purposes  therein  men- 
tioned. 


In  Testimony  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  oflBcial  seal,  in  the  City  of  New 
York,  on  the  day  and  year  above  written. 

O.  P.  C.  Billings, 

C ommissioner for  the  State  of  Missouri^ 

lo  yassait  Street^  New  York. 


State  of  New  York, 

City  and  County  of  New  York, 

Be  it  remembered,  that  on  this  first  day  of  Feburary,  one  Certificate 

thousand  eight  hundred  and  seventy-one,  before  me,  O.  P.  C.  of  Acknowledgment. 
Billings,  a Notary  Public  in  and  for  the  City  and  County  of 
New  York  aforesaid,  residing  in  said  City  and  County,  per- 
sonallyappeared Levi  Parsons  and  11.  B.  Henson,  who  are  per- 
sonally known  to  me  to  be  the  identical  persons  whose  names 
are  affixed  to  the  aforegoing  indenture  as  resi)ectiveiy  Presi- 
dent and  Secretary,  and  acknowledged  the  same  to  be  the  vol- 
untary act  and  deed  of  the  said  Missouri,  Kansas  and  Texas 
Railway  Company,  party  of  the  first  part,  and  each  being  by 
me  duly  sworn,  deposes  and  says,  each  for  himself,  that  he, 

Levi  Parsons,  is  President,  and  that  he,  11.  B.  Henson, 
is  Secretary  of  the  said  Missouri,  Kansas  and  Tfxas  Rail- 
way Company,  party  of  the  tii'st  part ; that  they  signed 
the  forei^oino;  instrument  as  such  Presidimt  and  Secr(‘tarv, 
and  caused  the  cori)orate  seal  of  said  Company  to  be  affixed 
thereto,  all  as  the  act  and  deed  of  said  ('ompany,  by  onh'r 
and  authority  of  said  Company,  and  for  tin*  uses  and  purposes 
thei'cin  mention(‘d. 


In  Testimony  Whereof,  1 have  hereunto  set  my  hand 
and  affixed  my  official  seal,  in  the  City  of  New 
York,  on  tluMlay  and  year  above  writtim. 

O.  P.  C.  Billings,  Notary  Pahlic, 

New  York  County. 


State  of  New  York, 

City  and  County  of  New  opk. 

Be  It  remembered,  that  on  this  fourth  day  of  Februarv, 

Notaruil  Certificate 

A.  D.,  one  thousand  mght  hundred  and  seventy-one,  before^  nn*,  of  Aclcnowledgment. 
the  subscrilxM*,  Oliver  P.  C.  Billings,  a commissioru'r  in  and 


210 


TIIK  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


for  the  State  of  New  A^ork,  appointed  by  the  Governor  of  the 
State  of  Missouri,  to  take  proof  and  acknowledgment  of  deeds, 
mortgages,  or  any  other  instrument  to  be  used  or  recorded  in 
the  said  State  of  Missouri,  personally  a})peared  I.  H.  Froth- 
ingham  and  C.  T.  Carlton,  who  are  personally  known  to  me 
to  be  the  identical  persons  whose  names  are  affixed  to  the  fore- 
going indenture,  as  respectively  President  and  Secretary,  and 
acknowledged  the  same  to  be  the  voluntary  act  and  deed  of 
said  Union  Trust  Company,  of  New  York,  and  each  being  by 
me  duly  sworn,  de])oses  and  says,  each  for  himself,  that  he, 
I.  H.  Frothingham,  is  President,  and  that  he,  C.  T.  Carlton, 
is  Secretary,  of  said  Union  Trust  Company,  of  New  York,  that 
they  signed  the  foregoing  instrument  as  such  President  and 
Secretary,  and  caused  the  corporate  seal  of  said  Company  to 
be  affixed  thereto,  all  as  the  act  and  deed  of  said  Company,  by 
order  and  authority  of  said  Company  for  the  uses  and  pur- 
poses therein  mentioned. 

In  Testimony  Whereof , I have  hereunto  set  my  hand 
and  affixed  my  official  seal,  in  the  City  of  New 
A^ork,  on  the  da}"  and  year  above  written. 

Oliver  P.  C.  Billings, 
Commissioner  for  the  State  of  Missouri, 

15  Nassau  Street,  New  York. 


SKAL 


State  of  New  York, 


ss. 


City  and  County  of  New  A ork, 

Notarial  Certificate  Be  it  remembered,  that  on  this  fourth  day  of  February, 

of  Acknowledgment.  hundred  and  seventy-one,  before  me,  O. 

P.  C.  Billings,  a Notary  Public  in  and  for  the  County  of  New  A ork 
aforesaid,  residing  in  said  City  and  County,  personally  appeared 
1.  H.  Frothingham  and  C.  T.  Carlton,  who  are  personally  known 
to  me  to  be  the  identical  persons  whose  names  are  affixed  to 
the  aforegoing  indenture  as  respectively  President  and  Secre- 
tary, and  acknowledged  the  same  to  be  the  voluntary  act  and 
deed  of  the  said  Union  Trust  Company,  of  New  York,  and 
each  being  by  me  duly  sworn,  deposes  and  says,  each  for  him- 
self, that  he,  I.  H.  Frothingham,  is  President,  and  that  he,  C. 
T.  Carlton,  is  [the]  Secretary,  of  the  said  Union  Trust  Com- 
pany, of  New  A^ork,  that  they  signed  the  foregoing  instrument 
as  such  President  and  Secretary,  and  caused  the  corjiorate  seal 
of  said  Company  to  be  affixed  thereto,  all  as  the  act  and  deed 


THE  Missorin,  KANSAS  AND  TEXAS  HAILWAY. 


211 


of  said  Company,  by  order  and  authority  of  said  Company, 
and  for  the  uses  and  purposes  therein  mentioned. 


( sealN 


In  Testimony  Whereof,  I have  hereunto  set  my 
hand  and  affixed  my  official  seal,  in  the  City  of 
New  York,  on  the  day  and  year  above  written. 

O.  P.  C.  Billings, 
Notary  PuhliCy  New  York  County. 


[The  original  of  the  foregoing  instrument  was  filed  for 
record  in  the  office  of  the  Kecorder  for  Pettis  County,  Missouri, 
on  the  29th  day  of  May,  1871,  and  is  recorded  in  said  office 
in  “ Trust  Deed  and  Mortgage  Record,  No.  o,”  on  pages  31(1 
to  331,  inclusive.  The  foregoing  is  an  accurate  copy  of  the 
instrument  as  there  recorded.] 


New  York,  March  13,  1871. 

We  have  Examined  the  various  Acts  of  (\)ngress.  Statutes  Opinion  of  Counsel, 
of  the  States  of  Kansas  and  Missouri,  and  official  documents 
which  are  referred  to  in  the  aforegoing  mortgage,  also  the  jiro- 
ceedings  by  wliicli  the  Union  Pacific  Railway  Com})any, 

Southern  Branch,  was  organized,  and  by  which  it  afterward 
changed  its  name  to  the  Missouri,  Kansas  and  Texas  Rail- 
way CoMRANY ; also  the  proceedings  by  which  the  Labette  and 
Sedalia  Railway  Company  and  the  Tebo  and  Neosho  Railroad 
Company  were  severally  organized;  also  the  various  proceed- 
ings of  the  stockholders  and  Boards  of  Directors  of  said  Mis- 
souri, Kansas  and  Texas  Railway  Company,  and  of  the  said 
Labette  and  Sedalia  Railway  Company  by  which  said  compan- 
ies were  consolidated;  also  the  various  j)roceedings  of  the 
.stockholders  and  Boards  of  Directors  of  the  said  Missouri, 

Kansas  and  Texas  Railway  Company,  and  of  the  said  Telio 
and  Neosho  Railroad  Company,  by  which  the  former  ac(juired 
the  portion  of  the  road  and  franchises  of  the  latter  described 
in  said  mortgage;  also  the  various  trust  deeds  recited  in  said 
mortgage;  also  the  proceedings  of  the  Board  of  Directors  of 
said  Missouri,  Kansas  and  Texas  Railway  Company,  author- 
izing the  execution  of  said  mortgage ; and  also  other  |)roceed- 
ings  in  said  mortgage  set  forth. 

And  we  are  of  Opinion  that  all  such  proceedings  have  been 
regular,  and  are  valid  and  effectual  for  the  several  [lurposes 
intended  thereby,  and  that  the  said  Missouri,  Kansas  and 
Texas  Railway  Company,  had  jiower  to  execute  the  aforegoing 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


of  Counsel. 


mortgage,  and  that  the  same  was  duly  authorized  })y  the  Board 
of  Directors  of  said  Company,  and  is  in  conformity  with  the 
laws  of  the  States  before  mentioned,  and  is  a valid  lien  upon 
all  the  property  included  therein,  subject  only  to  the  trust  deeds 
or  mortgages  therein  recited. 

MoRiiis  & Billings, 
Counselors  at  Law, 

15  Nassau  Street,  N.  Y.  City. 

Office  of  Starr  & Ruggles,  ) 

No.  10  Wall  Street.  > 

New  York,  March  13,  1871.  ) 

Hon.  Levi  Parsons, 

President,  Missomd,  Kansas  and  Texas  Railway  Company: 

Sir  : We  state  for  the  information  of  purchasers  of  bonds 
issued  by  your  Company  and  secured  by  the  Consolidated 
Mortgage,  bearing  date  February  1,  1871,  that  we  were  asso- 
ciated with  the  standing  counsel  of  your  company,  Morris  & 
Billings,  Esqrs.,  in  the  preparation  of  the  mortgage;  that  we 
examined  with  great  care  the  various  Acts  of  the  Legislatures 
of  the  States  of  Kansas  and  Missouri,  whereby  the  Union 
Pacific  Railway  Company,  Southern  Branch,  the  Labette  and 
Sedalia  Railway  Company,  and  the  Tebo  and  Neosho  Railroad 
Company,  were  severally  incorporated  and  were  afterward 
consolidated  and  merged  in  the  Missouri,  Kansas  and  Texas 
Railway  Company;  that  we  also  carefully  examined  the 
various  Acts  of  Couffress  and  of  the  Lecrislature  of  the  State  of 
Kansas,  whereby  the  Missouri,  Kansas  and  Texas  Railway 
Company  acquired  title  to  their  lands  situate  in  Kansas,  and 
also  the  Acts  of  Congress,  the  decision  of  the  Secretary  of  the 
Interior,  and  the  approval  and  order  of  the  President  of  the 
United  States,  whereby  the  Missouri,  Kansas  and  Texas 
Railway  Company  secured  the  exclusive  right  to  extend  their 
road  through  the  Indian  Territory  to  the  State  line  of  Texas, 
with  the  right  to  the  lands  in  the  Indian  Territory,  granted  by 
Act  of  Congress  to  aid  in  the  construction  of  the  road.  The 
recitals  in  the  mortgage  wei'e  pre})ared  by  Mr.  Morris  and 
ourselves  after  such  examination.  The  various  provisions 
contained  in  the  mortgage  were  approved  by  us,  and  are,  in 
our  judgment,  better  calculated  to  insure  a pronq)t  payment 
of  principal  and  of  interest,  and  to  protect  all  the  rights  of 
bondholders,  than  any  other  railroad  mortgage  we  had  occa- 
sion to  examine.  Yours  respectfully, 

Stakr  & Rugcjlfs. 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 


ADDITIONAL  MORTGAGE, 

JUNE  I,  1872. 

THIS  INDENTURE,  made  the  hrst  day  of  June,  one  thou- 
sand eight  hundred  and  seventy-two,  between  the  ^IrssouRi, 

Kansas  and  Tr:xAS  Railway  Company,  of  the  one  part,  and  the 
Union  TPtLSx  Company,  of  New  York,  of  the  other  jiart ; 

Whereas,  the  said  partjMif  the  first  part  did  heretofore,  and  Consolidated  MoiT- 
on  or  about  the  first  day  of  February,  one  thousand  eight  liun-^^^“^ 
di’ed  and  seventy-one,  duly  make,  execute  aud  deliver  unto  the 
said  part  of  the  second  part,  a certain  trust  deed  or  Consoli- 
dated Mortgage,  whereby  the  said  party  of  the  first  part  did 
duly  grant,  liargain,  sell,  assign,  transfer,  and  convey  unto  the 
said  party  of  the  second  part  all  the  jiroiierty,  both  real  and 
personal  and  mixed,  and  all  the  corjxirate  rights,  jaiwers,  fran- 
chises and  privileges  therein  fully  set  forth  and  d(‘scribed,  to 
have  and  to  hold  tlu5  same  unto  the  said  party  of  the  second 
part,  its  successor  or  successors  and  assigns,  in  trust,  to  secure 
the  iiayment  of  bonds  in  the  sum  of  one  thousand  dollars  each, secure  Bonds 
amounting  to  the  aggregate  princi})al  sum  of  fourteen  millions 000,000. 
of  dollars,  and  numbered  from  one  to  fourtcim  thousand,  both 
inclusive,  and  for  the  uses,  intents,  and  purposes  in  the  said 
indenture  of  mortgage  fully  ex[)ressed  and  declared  as  by  ref- 
erence thereto,  now  being  in  the  })roper  custody  of  the  i)arty 
of  the  second  part,  and  also  duly  recorded,  among  other  places, 
in  the  office  of  the  R(‘corder  of  the  County  of  Pettis,  in  the 
State  of  ^lissouri,  will  more  fully  and  at  large  appi^ar  ; 

And  Wlierejis,  among  the  other  terms,  provisions,  and  arti- Article  Tenth,  Con- 
, . • 1 • 1 j • 1 I . 1 solidated  Mortejage 

cles  in  the  said  indenture  ot  mortgage  contained,  the  1 enth  of  Feb.  l,  1871. 

Article  tlun-ein  is  in  the  words  following,  that  is  to  say: 

“ Afm'KTJO  Tfn  rii.  — It  is  furtlier  3Iiitiially  Aj*reed  by  and 
b(‘tween  th(‘  parties  h(‘reto,  that  if  the  said  party  of  the  first 

( 21J  ) 


214 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


pjirt  shall  hereafter,  under  any  right  or  franchise  now  owned 
by  it,  and  not  conveyed  by  this  trust  deed  or  mortgage,  fur- 
thur  extend  its  said  road,  or  shall,  under  any  right  or  fran- 
chise now  owned  or  hereafter  to  be  acquired,  construct  any  other 
railroad  or  railroads,  or  become  the  owner  of  any  other  rail- 
road already  constructed,  then,  for  every  such  extension  and 
every  such  railroad  constructed  or  to  be  constructed,  a further 
issue  of  bonds  may  be  made  hereunder  by  the  said  party  of  the 
first  part,  the  aggregate  amount  of  which  shall  not  exceed  the 
rate  of  twenty  thousand  dollars  for  every  mile  of  road,  where 
lands  shall  not  have  been  granted  by  any  State,  or  by  the 
United  States,  to  aid  in  the  construction  thereof,  and  twenty- 
five  thousand  dollars  per  mile  in  all  cases  where  lands  shall 
have  been  so  granted;  such  bonds  to  be  issued  in  the  same 
proportions  and  upon  the  same  conditions  as  hereinbefore 
provided  in  Article  Fourth  for  the  issue  of  the  bonds  to 
which  said  article  relates,  and  in  case  said  bonds  are  sold,  the 
proceeds  to  be  paid  over,  as  also  in  said  article  provided. 
And  all  such  bonds  shall  be  of  the  same  tenor  as  that  provided 
for  in  the  form  of  bonds  hereinbefore  set  forth,  subject  onl}' 
to  necessary  variation  as  to  the  distinguishing  numbers  and  the 
dates  thereof,  and  shall  bear  numbers  running  from  the  num- 
ber fourteen  thousand  upward,  and  shall  be  entitled  to  the 
benefit  of  a sinking  fund,  to  be  created  in  the  same  manner  as 
is  hereinbefore  provided.  And  the  said  party  of  the  first  part 
hereby  agrees  to  execute  and  deliver  to  the  said  party  of  the 
second  part,  its  successor  or  successors,  upon  every  such  fur- 
ther issue  of  bonds,  any  further  reasonable  and  necessary 
trust  deed  or  mortgage,  to  bring  in  and  subject  to  the  condi- 
tions of  these  presents  every  such  extended  or  future 
acquired  road,  and  every  other  land  and  property,  real  or  per- 
sonal, that  may  hereafter  be  acquired  by  it  for  the  purpose 
and  with  the  intent  of  securing  the  payment  of  the  said  bonds 
composing  every  such  increased  issue,  as  well  as  the  bonds  here- 
inabove described,  equally  and  alike  upon  the  property"  of  the 
said  party  of  the  first  part,  with  the  interest  due  and  to  grow  due 
thereon,  and  the  payment  to  said  Trustee  of  the  said  sinking 
fund,  in  the  same  manner  as  if  all  said  bonds  had  been  originally 
secured  by  one  and  the  same  trust  deed  or  mortgage . Provided^ 
however,  that  if  any  railroad  or  railroads  which  may  hereafter 
be  acquired  by  the  party  of  the  first  part  shall,  at  the  time  of 
such  acquisition,  be  subject  to  the  lien  of  any  trust  deed  or 
mortgage  theretofore^  made  to  secure  bonds  then  outstanding, 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


215 


no  more  bonds  sluill  be  issued  hereunder  on  any  such  railroad 
or  railroads  than  such  an  amount  as  shall,  together  with  such 
outstanding  bonds,  be  ec^ual  to  the  rate  per  mile  hereinbefore 
mentioned  ; but  bonds  may  be  issued  hereunder  on  any  such 
railroad  or  railroads  in  exchange  for  an  equal  amount  of  such 
outstanding  bonds.” 


And  AVhereas,  the  Fourth  Article  in  the  said  indenture  of  Article  Fourth,  Con- 
solidated Mortgage 
of  Feb.  1,  1871. 


mortgage  contained  is  in  the  words  following,  to  wit  : 


“ Article  Fourth.  — The  remaining' Four  Thousand  of  the 
Bonds  secured  hereby,  being  those  numbered  from  ten  thou- 
sand and  one  to  fourteen  thousand,  both  inclusive, shall  be  issued 
and  used  only  for  the  construction  of  the  proposed  extension  of 
the  railway  of  the  party  of  thelirst  part,  south  of  the  Arkansas 
River,  and  extending  southerly  a distance  of  one  hundred  and 
sixty  miles,  more  or  less,  through  the  Indian  Territory  as  herein- 
before recited.  Such  bonds  shall  only  be  issued  and  delivered 
to  the  party  of  the  first  part  in  })ro})ortionate  amounts,  and  upon 
the  completion  of  any  section  or  sections  of  said  road,  the 
length  of  which  completed  section  or  sections  shall  be  deter- 
mined by  the  cei-tificatcs  of  the  Uhief  Engineer  and  General 
Supei’intcndent  and  the  President  of  the  party  of  the  first  })art: 
Provided^  however,  that  whenever  any  contract  or  contracts 
for  the  construction  of  any  fifty  mil(‘S  of  such  ju’oposed  exten- 
sion shall  be  niad(‘,  a })r()})ortionate  amount  of  said  bonds 
shall,  at  the  option  of  the  party  of  the  first  part,  be  issued 
and  delivered  to  it  by  the  party  of  tin*  second  part,  to  be  used 
in  the  construction,  completion  and  e(piipment  of  such  })ortion 
oi’  portions  of  I'oad:  w\u\  2)vovided  further ^ that  all  or  any  part 
oi'  portion  of  such  bonds  may  be  oflci’ed  for  sale  at  any 
time  hereafter;  and  in  case  sales  thereof  shall  be  made,  the 
proceeds  shall  be  received  by  the  party  of  the  second  part,  its 
successor  or  successors  in  this  trust,  and  proportionate  amounts 
thereof,  determined  in  like  manner,  shall  be})aidto  the  i)arty 
of  the  first  ])art,  in  place  of  a delivery  of  bonds,  as  in  this  arti- 
cle is  provided.” 


And  Wliereas,  since  the  execution  and  delivery  of  the  said  ^^ailroad  Property 
indenture  of  mortgage  the  said  i)arty  of  the  first  part  has 
acquired  and  become  the  owner  of  other  corporate  railroad 
rights  and  franchises  and  property,  real  and  personal,  and 
described  as  follows,  to  wit: 


FritST.—  All  siieli  Corporate  Uisflits,  powers,  privileges,  and 
franchises,  and  proi)erty,  real,  personal,  and  mixed,  as  were  Neosho  R.  R.  Co. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


21() 


By  Deed  of  May  23 
1872. 


Line  north  of 
Sedalia. 


conveyed  .‘ind  transferred  by  the  consent  of  stockholders,  as 
required  by  law,  to  the  party  of  the  first  part  by  the  Tebo  and 
Neosho  Railroad  Company,  duly  incorjiorated  by  act  of  the 
General  Assembly  of  the  State  of  Missouri  by  an  act  entitled 
“ An  Act  to  incorporate  the  Tebo  and  Neosho  Railroad  Com- 
pany,” approved  January  IG,  l^>()0,  by  deed  duly  executed 
and  delivered  and  bearing  date  the  twenty-third  day  of  May, 
one  thousand  eight  hundred  and  seventy-two,  and  therein 
described  as  follows  : “ All  the  railroad,  the  title  to  which  still 
remains  vested  in  and  owned  by  the  said  party  of  the  first 
part,  being  the  extension  of  the  line  of  the  railroad  of  the 
party  of  the  first  part,  north  from  Sedalia,  in  the  County  of 
Pettis,  and  State  of  Missouri,  b}^  way  of  Boonville,  in  Cooper 
County,  Fayette,  in  Howard  County,  and  Moberly,  in  Randolph 
county,  to  some  suitable  point  on  the  Hannibal  and  St.  Joseph 
Railroad,  and  thence  to  the  railroad  bridge  at  West  Quincy,  in 
Marion  County,  all  in  said  State  of  Missouri,  and  which  said 
extension  was  heretofore,  and  on  or  about  the  second  day  of 
July,  in  the  year  one  thousand  eight  hundred  and  sixty-nine, 
made  by  the  party  of  the  first  part  pursuant  to  the  powers  con- 
ferred by  their  act  of  incorporation,  being  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Missouri,  entitled,  “ An  Act 
to  incorporate  the  Tebo  and  Neosho  Railroad  Company,” 
approved  January  Ifith,  18b0,  and  the  several  acts  and  laws 
amending  the  same  ; and  also,  all  the  property,  real,  personal 
and  mixed,  of  every  kind  and  nature,  including  all  the  lands, 
tenements,  and  hereditaments  and  rights  of  way,  and  all  lands 
appropriated  for  depots,  superstructures,  buildings,  erections, 
and  fixtures,  and  all  other  property  appurtenant  to  the  exten- 
sion of  said  railroad  as  above  described;  and  also,  each  and 
every  other  extension  or  extensions,  branch  or  branches  of 
said  railroad  heretofore  made  or  declared  under  and  by  virtue 
of  any  corporate  power,  franchise,  or  privilege  conferred  upon 
or  vested  in  the  said  party  of  the  first  part  by  its  act  of 
incorporation  aforesaid;  ayid  also,  all  the  corporate  rights, 
))owers,  franchises,  and  privileges  of  every  kind  and  nature 
whatsoever  the  same  be,  which  were  created  and  conferred 
upon  the  i)arty  of  the  first  part  by  said  act  of  incor])oration, 
or  by  any  act  or  acts  of  the  General  Assembly  of  the  State 
of  Missouri,  or  any  law  or  laws  of  said  State,  and  which 
arc  still  held  and  owned,  possessed  and  enjoyed  by  the 
party  of  the  first  part  including  the  right  to  declare  branches 


or  extensions.” 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


217 


Skconi). — All  such  Corporate  Rights,  powers,  privileges,  From  the  St.  Loui^& 
and  franchises,  and  property,  real,  personal,  and  mixed,  which' 
were  heretofore  conferred  upon,  vested  in,  held,  and  owned  by 
the  St.  Louis  and  Santa  Fe  Railroad  Company,  ^Missouri  Divis- 
ion, a corporation  duly  created  and  organized  under  and  by 
virtue  of  the  laws  of  the  State  of  Missouri,  and  conveyed  to 
the  said  party  hereto  of  the  first  part  by  the  Land  Grant  Rail- 
way and  Trust  Company,  a corporation  duly  organized  under 
and  by  virtue  of  the  laws  of  the  State  of  Missouri,  by  deed 
duly  executed  and  delivered,  and  bearing  date  the  twenty-  ^ f m;  29 
ninth  day  of  May,  one  thousand  eight  hundred  and  seventy- ^ 
two,  all  such  corporate  rights,  powers,  privileges,  and 
franchises,  and  property,  real,  personal,  and  mixed,  which 
were  heretofore  vested  in  and  held  and  owned  bv  the  said  St. 

Louis  and  Santa  Fe  Railroad  Company,  ^Missouri  Division, 
having  been  sold  to  tlie  said  the  Land  Grant  Railway  and  Trust 
Compan}^  Iw  Francis  Skiddy  and  Shep[)ard  Gandy,  Trustees, 
underand  by  virtue  of  the  powers  conferred  upon  them  in  and 
by  a certain  trust  deed  or  mortgage,  made  and  executed  by 
the  said  the  St.  Louis  and  Santa  Fe  Railroad  Com})any,  and 
l)earing  date  the  first  day  of  December,  eiirhteen  hundred  and 
seventy,  and  conv(y(‘d  by  said  Trustees  to  said  Land  Grant 
Railway  and  Trust  Company  by  an  indenture  duly  made  and 
executed,  bearing  the  date  the  twenty-ninth  day  of  April,  one 
thousand  eight  hundi-ed  and  seventy-two,  and  in  and  by  the 
several  indentures,  d(‘scribed  as  follows:  — 

“All  and  singular,  tin*  said  j)ortion  of  the  raili’oad  of  the  said  Line  from  Holden 
St.  Louis  and  Santa  F(‘  Railroad  Company , Missom-i  Division, 
which  said  company  was  authorized  to  constiaict  from  the 
the  town  of  Holden,  on  tlu^  Missouri  Pacitie  Railroad,  in  the 
Countv  of  dohnson.  State  of  ^lissouri,  thence  into  and  throuixli 
the  municipal  township  of  Camp  Rranch,  and  into  and  through 
the  municipal  townshi})  of  Grand  River,  and  into  and  through 
the  cor[)orate  limits  of  the  City  of  Harrisonville,  in  Cass 
County,  and  thence  westwardly  upon  the  most  direct  j)racti- 
cable  rout(‘,  according  to  the  conditions  of  the  sul)scri[)tion  of 
Dohui  Township  to  the  ca[)ital  stock  of  said  St.  Louis  and  Santa 
Fe  Railroad  Conn)any,  Missouri  Division,  to  the  western 
houndaiy  line  of  the  said  State  of  Missouri,  in  the  direction  of 
the  town  of  Paola,  in  the  State  of  Kansas,  a distance  of  about 
thirty-eight  miles,  together  with  all  lands,  tenements,  and 
hereditaments  accpiinal,  or  to  be  ac(iuii*ed,  for  rights  of  way 
for  the  said  ])ortion  of  railroad  hereby  conveyed,  and  all  the 


State  Lino,  38  Miles- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


lHS 


appurtenances  thereto  belonging,  and  also  all  lands  ac(|uired 
and  appropriated,  or  to  be  acquired  and  appropriated  for 
depots,  superstructures,  buildings,  erections,  and  fixtures  on 
the  said  line  of  railroad  and  all  tracks,  bridges,  v iaducts,  cul- 
verts, fences,  and  all  houses  and  buildings  thereon  or  apper- 
taining thereto,  and  other  property,  real  or  personal,  now 
owned  or  hereafter  to  be  acquired  by  the  party  of  the  first 
part,  its  successors  or  assigns,  for  the  construction,  operation, 
or  manao-ement  of  said  line  of  railroad,  includinfr  all  locomo- 
fives,  tenders,  cars,  and  other  rolling  stock  and  equipments, 
machinery,  tools,  materials,  and  also  all  the  franchises,  powers, 
rights,  and  privileges  belonging  or  applicable  to  said  portion 
of  railroad  between  the  points  above  named,  now  owned  or 
possessed,  or  which  may  hereafter  be  by  said  party  of  the 
first  part  acquired  for  the  construction,  maintenance  and 
operation  of  said  portion  of  railroad.” 


Neosho  Valley  and 
Holden  R.  R.  Co. 


Line  from  M.,  K.  & 
T.  Ry.  to  Eastern 
Boundary  Line  of 
State,  100  Miles. 


And  Whereas,  the  Neosho  Valley  and  Holden  Railroad 
Company  was  a corporation  heretofore,  and  on  or  about 
the  seventh  day  of  May,  in  the  year  one  thousand  eight  hun- 
dred and  seventy,  duly  created  and  organized  under  and  by  vir- 
tue of  the  laws  of  Kansas  for  the  purpose  of  constructing, 
maintaining  and  operating  a railway  line  commencing  at  some 
convenient  point  on  the  main  line  of  the  road  of  the  Missouri, 
Kansas  and  Texas  Railway  Co3ipany,  a coi-poration  created 
under  the  laws  of  the  State  of  Kansas,  in  Lyon  or  Morris 
Counties,  in  said  State,  and  thence  running  in  an  easterly 
direction  through  the  Counties  of  Osage,  Franklin,  and  Miami 
to  apoint  on  the  eastern  boundary  line  of  said  State,  where  the 
road  of  the  St.  Louis  and  Santa  Fe  Railroad  Company,  Mis- 
souri Division,  a corporation  created  under  the  laws  of  the 
State  of  Missouri,  now  being  constructed  from  Holden,  in 
Johnson  County,  State  of  Missouri,  southwesterly  via  Harrison- 
ville,  will  cross  said  boundary  line  from  Cass  County,  ^Missouri, 
the  length  of  said  railway  line  being  about  one  hundred  miles, 
as  by  reference  to  the  certificate  of  incor})oration  duly  filed  in 
the  office  of  the  Secretary  of  State,  State  of  Kansas,  on  the 
day  last  above  named,  will  more  fully  appear; 


Consolidation  of 
Neosho  Valley  & 
Holden  K.  R.  Co. 
with  M.,  K.  T. 
Ry.  Co. 


And  Whereas  such  proceedings  w(‘re  th(‘rcafter,  and  on  or 
about  the  eighteenth  day  of  May,  one  thousand  eight  hundred 
and  seventy,  had  and  taken  pursuant  to  law,  between  the  s;iid 
Neosho  Valley  and  Holden  Railway  Company,  and  the  party 
hereto  of  the  first  part,  whereby  tlnusaid  two  corj)orations  wei-e 


THK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


219 


oonsolidjitecl  niul  bocaiiic  one  corporation  under  the  name  of 
the  said  party  hereto  of  the  first  part,  as  by  referenee  to  the 
indenture  of  consolidation,  duly  filed  in  the  office  of  the  Secre- 
tary of  State,  State  of  Kansas,  on  the  day  last  above  named 
will  more  full  appear  ; 

And  AVliereas  the  said  party  the  first  part  is  desirous  of  Further  Issue  of 
borrowing  money  ‘for  the  purpose  of  building,  equipping  Co"soUdated'\lort-’ 
operating  all  such  roads  and  portions  of  roads  herein  described  of  Feb.  1, 1871. 
as  are  not  yet  fully  constructed  and  equipped,  and  for  that 
purpose  has  resolved  to  make  a further  issue  of  bonds  under 
and  by  virtue  of  the  right  and  privilege  reserved  in  and  b}"  the 
said  “ Article  Tenth,”  hereinbefore  set  forth  and  recited, 
which  said  bonds  shall  be  in  the  sum  of  one  thousand  dollars 
each,  amounting  to  the  aggregate  princi])al  sum  of  two  mill- 
ions, five  hundred  thousand  dollars,  and  numbered  from  four- 
teen thousand  and  one  to  sixteen  thousand  five  hundred, 
both  inclusive;  and  that  each  of  the  said  bonds  shall  be  in  the 
words  and  figures  following,  subject  only  to  necessary  varia- 
tion as  to  the  distinguishing  numbers  and  amount  thereof: 


Unftkd  States  of  V.MEinrA, 

States  of  Kansas  and  :\Irssorni.  Form  of  Bond. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY  COM- 
PANY. 

Fir^t  Mortfjnije  Seven  per  Cent.  Land  Grant  and  SinJdng 
Fund,  Gohl  Fond. 

No. $1, ()()(). 

FREE  OF  F.  S.  (JOVEKN.MEXT  TAX. 

Know  all  Men  by  tli<‘se  Presents,  that  the  Missoiuu,  Kan- 
sas AND  Texas  Railway  Co.mi'anv  is  indebtiul  to  tlu'  Union 
Trust  Company,  of  New  '\"ork,  or  b(‘arer,  in  the  sum  of  one 
thousand  dollars,  in  gold  coin  of  the  United  Stat(\s,  which  th(‘ 
said  Railway  Company  t)romises  to  pay  to  the  b(‘ar(‘r  luu-eof 
on  the  first  day  of  June,  in  the  year  ninetiam  hundnul  and 
five,  in  the  City  of  New  York,  with  interest  thereon  from  the 
date  hereof,  at  the  rate  of  seven  per  cent.  |)er  annum,  payabh‘ Go\d  — PrS^ 
in  gold  coin  aforesaid,  semi-annually,  at  its  ofliei^  oi*  jigimcy 
in  theC  Jty  of  New  York  on  the  first  days  of  August  and  Feb- 
ruaiy  in  (aich  year,  upon  the  presentation  and  surrender  of 
the  coupons  hei’eto  attached,  Jis  they  severally  become  due  as 
[)rovid(Ml  therein ; and  in  case  of  (UTault  in  th(‘  jiayment  of 


220 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Bonds  No«.  14,001  to 
16,500. 


Art.  10,  Consolidated 
Mortgage  of  Feb.  1, 
1871. 


Sinking  Fund. 


Registration  and 
Transfer. 


jiny  half-yearly  installment  of  interest,  which  shall  have  become 
due  and  been  demanded,  and  such  default  shall  have  con- 
tinued six  months  after  demand,  the  principal  of  this  bond 
shall  become  due  in  the  manner  and  with  the  effect  provided 
for  in  the  trust  deeds  or  mortofao:es  herein  mentioned. 

This  bond  is  one  of  a further  issue  of  bonds  numbered  con- 
secutively from  fourteen  thousaild  and  one  to  sixteen  thousand 
live  hundred,  both  inclusive,  each  for  the  sum  of  one  thousand 
dollars,  amounting  in  the  aggregate  to  the  sum  of  two  mill- 
ions, five  hundred  thousand  dollars,  all  of  which  are  of  like 
tenor,  date,  and  effect,  and  such  further  issue  is  made  pursuant 
to  Article  Tenth  of  a certain  trust  deed  or  morto^ao-e,  dated 
the  first  day  of  February,  in  the  year  eighteen  hundred  and 
seventy-one,  duly  executed  and  delivered  by  the  said  Kailroad 
Company,  and  recorded  in  the  proper  offices  in  the  States  of 
^Missouri,  Kansas,  and  elsewhere,  and  conveying  to  the  said 
Union  Trust  Company,  of  New  York,  in  trust,  the  corporate 
property,  real  and  personal,  of  the  party  of  the  first  part, 
therein  described,  and  all  its  franchises  and  the  privileges 
appertaining  thereto  as  set  forth  in  said  trust  deed  or  mort- 
gage, and  this  further  issue  of  bonds,  together  with  the  four- 
teen thousand  bonds  named  in  said  trust  deed  or  mortfraofe,  are 
secured  equally  and  alike  thereby,  and  by  another  trust  deed 
or  mortgage  bearing  date  the  first  day  of  flune,  one  thousand 
eight  hundred  and  seventy-two,  duly  executed  and  delivered 
by  the  said  Kailway  Company,  and  duly  recorded,  conveying 
to  the  said  Trust  Conq)any  the  corporate  property,  real  and 
personal,  therein  described,  acquired  by  said  Kailway  Company 
since  the  execution  of  the  said  former  trust  deed  or  mortgage. 

This  bond  is  entitled  to  the  benefit  of  a siidving  fund,  as 
provided  by  said  trust  deeds  or  mortgages  whereby  the  princi- 
l)al  of  said  bond  will  be  redeemed  in  thirty-three  years  from 
the  date  hereof.  Bonds  ecjual  in  amount  to  the  accumula- 
tions in  said  sinking  fund  will  be  redeemed  at  their  par  value 
annually,  commencing  after  the  first  day  of  February,  1875. 
Notice  of  the  numbers  of  the  bonds  so  allotted  for  redemption 
will  be  published,  in  two  or  more  daily  newsi)apers  j)rinted  in 
the  City  of  New  York,  for  sixty  days,  at  the  exi)i ration  of 
which  time  interest  thereon  shall  cease. 

This  bond  shall  pass  by  delivery  or  by  transfer  on  the  books 
of  the  Com])an3^  in  the  City  of  New  York,  and  such  other 
places  in  this  country  and  in  Euro])e  as  said  (k)mpany  may 
hereaftei’  designate.  Aft(*r  a registration  of  ownershiji  certi- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


221 


tied  hereon  by  the  Secrebuy  of  the  Company  or  its  transfer 
agent,  no  transfer,  except  on  the  books  of  the  Company,  shall 
be  valid  unless  the  last  transfer  shall  have  been  to  bearer;  the 
bond  to  be  entitled  to  successive  registrations  and  transfers  to 
bearer,  at  the  option  of  each  holder,  and  other  privileges  in 
that  behalf  mentioned  in  said  trust  deed  or  mortorao-e. 

This  bond  shall  not  become  obligatory  until  it  shall  have 
been  authenticated  by  a certificate  indorsed  hereon,  duly 
executed  by  the  Trustee  aforesaid,  to  the  effect  that  the  same 
is  properly  issued. 


( SEAL) 


In  Witness  Whereof,  the  said  Missouri,  Kansas 
AND  Texas  Railway  Coimpanit  has  caused  these 
presents  to  be  executed  by  its  President  and 
Secretary,  and  its  corporate  seal  to  be  hereto 
affixed,  this  first  day  of  June,  A.  D.,  eighteen 
hundred  and  seventy-two. 

, Secretary. , President. 


And  Whereas  the  said  party  of  the  first  l)art,  in  pursuance  Further  Trust  Deed 
of  its  agreement  contained  in  Article  Tenth  aforesaid,  and  Bonds, 

ject  to  the  restrictions  in  said  article  contained,  is  d(*sirous  of 
executing  and  delivering  to  the  said  party  hereto  of  the  second 
part,  upon  such  further  issue  of  bonds,  a further  trust  deed  or 
mortgage  conveying  the  pro})erty  her(‘inafter  described  and 
so  acquired  as  aforesaid,  for  the  purpose  and  with  tlu^  intent 
of  securing  the.  jiayment  of  the  said  bonds  conqiosing  such 
further  issue,  according  to  tin*,  temor  and  effect  of  the  jirovi- 
sion  in  tlie  said  articles  contain(‘d; 

Aiul  Wh<‘reas,  the  railroads  lun’ein  described  are  not,  nor  is  Railroads  herein 
either  of  them,  subject  to  the  liem  of  any  trust  deed  or  mort- 
gage  heretofore  made ; 

Now,  Therefore,  This  Iiidentiire  Witiiesseth,  that  the  .said  '^"'^’® 

conveys. 

party  hereto  of  the  first  part,  foi*  and  in  consideration  of  th(‘. 
premises  and  of  the  sum  of  one  dollar  to  it  duly  paid  by  the 
party  hereto  of  the  second  part,  and  in  order  to  secure  the 
payment  of  the  [irincijial  and  interest  of  the  sjiid  further  issiu^ 
of  bonds,  according  to  the  tenor  thereof,  hath  granted,  bar- 
gained, sold,  assigned,  transferred,  and  conveyed,  and  by 
these  presents  doth  grant,  bargain,  sell,  assign,  transfer,  and 
convey,  unto  the  said  party  of  the  second  j)art,  its  lawful  suc- 
cessor or  successors  in  the  trust  hereby  created,  and  assigns: 


222 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Koad from  fcjed alia  to  FiitsT. — All  iiiid  Siliguliir  the  Itailroad  of  the  party  hereto 

Moberly,  7..  Miles.  part,  HOW  ill  process  of  construetion,  extending 

from  Sedalia  aforesaid  northerly  to  Moberly  aforesaid,  a dis- 
tance of  seventy -two  miles,  lieing  a part  of  the  railroad  men- 
tioned in  the  aforesaid  conveyance,  from  the  Tebo  and  Neosho 
Railroad  Comjiany  to  the  said  party  of  the  first  part,  and 
by  the  hereinbefore  recited  description  more  particularly 
described,  together  with  all  the  rights,  powers,  privileges,  and 
franchises  belonging  or  in  anywise  appertaining  to  the  railroad 
hereby  conveyed  or  intended  so  to  be,  excepting  and  reserving 
nevertheless  any  right  or  franchise  to  construct  any  bridge  on 
said  line,  or  any  liridge  that  may  be  hereafter  constructed  on 
said  line  over  the  Missouri  River,  for  the  use  of  said  road. 

Road  from  Holden  to  SECOND.  — All  such  Corporate  Rights,  powers,  privileges. 

State  Line,  38  Miles.  liji*  i i ^ ii-ii-u 

and  franchises,  and  property,  real,  personal,  and  mixed,  which 

were  heretofore  conferred  upon,  vested  in,  held,  and  owned 
by  the  said  the  Saint  Louis  and  Santa  Fe  Railroad  Company, 
Missouri  Division,  and  conveyed  to  the  said  party  hereto  of 
the  first  part  by  the  said  Land  Grant  Railway  and  Trust  Com- 
pany by  the  deed  hereinbefore  mentioned,  and  by  the  descrij)- 
tion  hereinbefore  recited,  the  length  of  line  of  which  said 
railroad  between  its  termini  aforesaid  is  thirty-eight  miles, 
and  which  said  railroad  is  now  constructed,  equipped,  and  in 
running  order. 

Road  from  state  TiiiRD.  — So  much  of  the  Line  of  Railway  heretofore 

MUes^^  f*aola,  15  belonging  to  the  Neosho  Valley  and  Holden  Railway  Compaii}^ 
and  heretofore  consolidated  and  made  one  corporation  with  and 
under  the  name  of  the  party  hereto  of  the  first  part  as  above 
recited,  as  extends  from  that  point  on  the  eastern  boundary 
line  of  the  State  of  Kansas  where  the  railway  or  road  of  the 
said  the  Saint  Louis  and  Santa  Fe  Railroad  Company,  Mis- 
souri Division,  crosses  said  lioundary  line  from  Cass  County, 
Missouri,  to  the  town  of  Paola,  in  Kansas,  a point  in  the  line 
of  said  road  distant  fifteen  miles  westerly  from  said  boundary 
line,  together  with  all  lands,  tenements,  and  hereditaments 
acquired  or  to  be  acipiired  for  rights  of  way  for  the  said  })or- 
tion  of  railroad  hereby  conveyed,  and  all  the  aj)purtenances 
thereto  belonging,  and  also  all  lands  acquired  and  appro- 
priated, or  to  be  accpiired  or  a})propriated,  for  depots, 
superstructures,  buildings,  erections,  and  fixtures  on  the 
said  line  of  railroad,  and  all  tracks,  bridges,  viaducts,  cul- 
verts, fences,  and  all  houses  and  buildings  thereon  or 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


22 


api)ortiiiinng  thereto,  and  all  other  property,  real  or  personal, 
now  owned  or  hereafter  to  he  accpiired  by  the  party  of 
the  tirst  part,  its  successors  or  assigns,  for  the  construction, 
operation,  or  management  of  said  line  of  railroad,  including 
all  locomotives,  tenders,  cars,  and  other  rolling  stock  and 
equipments,  machinery,  tools,  materials,  and  also  all  the  fran- 
chises, powers,  rights,  and  privileges  belonging  or  applicable 
to  said  portion  of  railroad  between  the  points  above  named, 
now  owned  or  possessed,  or  which  may  hereafter  be  by  said 
part}^  of  the  first  part  acquired,  for  the  construction,  main- 
tenance, and  operation  of  said  portion  of  railroad,  and  which 
said  railroad  is  now  constructed,  equipped,  and  in  running 
order. 


To  Have  and  to  Hold,  all  and  singular  the  above  mentioned 
and  described  premises,  rights,  franchises,  railroads,  and  real 
and  personal  property,  unto  the  said  party  of  the  second  part, 
its  successor  or  successors  and  assigns,  in  trust  and  for  the  uses, 
intents  and  purposes  hereinafter  expressed  and  declared  of  and 
concerning  the  same  ; that  is  to  say  : 


To  have  and  to  hold. 


Article  First.  — No  One  of  tlie  said  ]$onds  shall  hem  * » x 

Trustee  s Certiticate, 

deemed  Issued,  or  be  valid  or  secured  by  this  mortgage  until 
there  shall  have  been  indorsed  iqion  it  a certiticate  duly  signed 
by  the  party  of  the  second  part,  its  successor  or  successors  in 
this  trust,  to  the  effect  following,  viz:  “The  within  bond  is 
one  of  a further  issue  of  twenty-five  hundred  bonds  under  and 
in  pursuance  of  Article  Tenth  of  the  Consolidated  Morttraire 
made  liy  the  Missouri,  Kansas  and  Texas  Railway  Com- 
pany, and  is  secured  thereby  and  by  a further  trust  deed  or 
mortgage  as  in  said  article  provided.” 


Article  Second.  — One  Thousand  and  Sixty  of  Bonds  Nos.  14,001  to 

Hoiuls,  being  those  numbered  from  fourteen  thousand  and  one  16.060  issued  forth- 
to  tifteen  thousand  and  sixty,  both  inclusive,  shall  be  issued  15, 061  to  16,500 '’to 
and  forthwith  delivered  to  the  i)arty  of  the  tirst  pjirt. 

remaining  fourteen  hundred  and  forty  of  the  bonds  secured  Soberly,  72  Miles. 

hereby,  being  those  numbered  from  tifteen  thousand  and  sixty- 

one  to  sixteen  thousand  five  hundred,  both  inclusive,  shall  be 

issued  and  used  for  the  construction  of  tlie  extension  of  the 

railway  of  the  party  of  the  tirst  jiart  from  Sedalia  to  Moberly 

aforesaid,  a distance  of  seventy-two  miles.  Such  last  named 

bonds  shall  only  be  issued  and  delivered  to  the  party  hereto  of 

the  first  part  in  proportionate  amounts,  and  upon  the  comple- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Upon  Consolidated  tioii  of  aiiy  sectioii  oi*  scctioiis  of  said  road,  the  length  of  which 
Sections  of  Road,  completed  section  or  sections  shall  be  determined  by  the  certi- 
ficate of  the  Chief  Engineer,  the  General  Superintendent,  and 
the  President  of  the  party  of  the  first  part;  provided,  however, 
that  when  any  contract  or  contracts  for  the  construction  of 
any  part  or  section  of  such  extension  shall  be  made,  a propor- 
tionate amount  of  said  bonds  shall,  at  the  option  of  the  party 
of  the  first  part,  be  issued  and  delivered  to  it  by  the  party  of 
the  second  part,  to  be  used  in  the  construction,  completion, 
and  equipment  of  such  part  or  section  of  road;  provided , 

further,  that  all  or  any  part  or  portion  of  such  last  mentioned 
bonds  may  be  offered  for  sale  at  any  time  hereafter  and  in  case 
Proceeds  of  Bondi  thereof  shall  be  made,  the  proceeds  shall  be  received  by 

sold  paid  to  Truste*.  the  party  of  the  second  part,  its  successor  or  successors  in 
this  trust,  and  proportionate  amounts  thereof,  determined  in 
like  manner,  shall  be  paid  to  the  party  of  the  first  part  in  the 
place  of  a delivery  of  bonds  as  herein  provided  for. 


Sinking  Fund.  ARTICLE  Third. — And  for  the  Purpose  of  providing  a 

Sinking-  Fund  for  the  redemption  of  the  bonds  secured  hereby, 
the  party  of  the  first  part  further  agrees  to  pay  to  the  party 
of  the  second  part,  its  successor  or  successors  in  this  trust,  on 
the  first  day  of  February,  in  the  year  one  thousand  eight  hun- 
dred and  seventy-five,  a sum  equal  to  one  per  cent,  in  gold  coin 
aforesaid,  of  the  aggregate  principal  of  said  bonds  ; .and  also, 
to  pay  on  or  before  the  first  day  of  February  in  each  year 
thereafter  a like  sum,  and  interest  at  the  rate  of  seven  per  cent, 
in  the  same  coin,  u})on  all  payments  theretofore  made,  such 
payments  to  be  made  into  the  sinking  fund  created  by  Article 
Fifth  of  the  Consolidated  Mortgage  aforesaid,  and  to  be 
applied  ecpially  and  alike  with  the  fund  thereby  created  to 
the  redemption  of  all  the  bonds  of  the  party  hereto  of  the 
first  part. 

Issue,  Exchange  and  ARTICLE  FoURTll.  — The  said  Party  of  the  First  Part, 

here^^der  fn  right,  at  liis  option,  to  issue  or  exchange  and 

visions  of  $50,  $100,  reissue  either  or  any  of  the  bonds  hereby  secured,  in  subdi- 
$500  ^ ^ 

visions  of  fifty,  one  hundred,  or  five  hundred  dollars  each,  in 

such  form  as  shall  be  approved  by  the  said  party  of  the  second 

part,  such  subdivision  bonds  to  be  authenticated  by  certificates 

indorsed  thereon,  duly  signed  by  the  said  party  of  the  second 

part,  and  each  of  them  to  bear  the  number  of  the  bond  to 

which  it  shall  belong  ; and  in  addition  thereto  a letter  of  the 

alj)habet,  commencing  with  the  letter  A for  the  first  subdi- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


225 


vision  of  every  bond  so  subdivided,  and  so  on  in  the  eonseeu- 
tive  order  of  the  letters  of  the  alphabet  for  the  remaining 
subdivisions  of  every  such  bond. 


Article  Fifth.  — The  Party  of  the  First  Part  doth  Registry  Office  to  be 
hereby  further  covenant  and  agree  to  and  with  the  party  of 
the  second  part  and  its  successor  or  successors  in  this  trust, 
that  the  [)arty  of  the  first  part  shall  at  all  times  hereafter  keep 
at  its  office  in  the  City  of  New  York,  and  in  such  other  places 
in  this  country  or  in  Europe  as  it  may  hereafter  appoint,  a 
book  or  books,  which  shall  be  respectively  designated  as  “ IVie 
Register  of  Bonds  issued  under  the  Consolidated  Mortgage ; ” 
and  that  any  holder  of  any  of  the  bonds  issued  under  the  pro- 
visions of  this  indenture  may  there  register  his  bonds  upon  i^egistry  of  Bonds, 
presenting  the  same ; and  that  when  a bond  is  so  registered  in 
the  name  of  any  person,  such  })erson  shall  be  deemed  and 
regarded  as  the  owner  of  such  bond;  and  that  all  payments  of 
either  princii)al  or  interest  thereon  shall  thereafter  be  made  to 
him  or  to  his  order  only;  and  that  such  payments  to  him  or 
to  his  order  shall  be  valid  payments  of  such  i)rincipal  or  inter- 
est, and  a discharge  to  the  party  of  the  first  part  to  the  extent 
of  the  sums  so  paid.  And  also  that  such  registry  may  be  Change  of  Registry, 
changed  upon  presentation  of  the  bond,  with  the  written  order 
of  the  person  in  whose  name  it  is  registered,  })roperly  authen- 
ticated, to  the  name  of  such  })erson  as  may  by  the  said  written 
order  be  designated  for  the  })urpos(‘,  and  he  shall  thereafter  be 
deemed  and  regarded  as  the  owner  of  the  bond  jind  its  interest 


coupons  under  the.  same  circumstanc(‘s  and  conditions,  and 
with  the  same  rights  as  the  prior  owner,  including  the  right 
to  change  tin;  registration  in  manner  aforesaid,  and  so 
from  time  to  time,  as  the  owner  for  the  time  being  may 
desire;  and  that  th(‘  registered  hohhn*  may  also  have  tlu^  right 
to  register  the  bond  jis  j){iyable  to  bearer,  in  which  case  the 
bonds  and  interest  coupons  shall  be  })ayable  to  the  holder  pre- 
senting the  same.  And  any  holder  of  a bond  so  r(‘gistered  as 
payable  to  bearer  may  again  cause  it  to  be  registered  in  his 
name,  with  the  same  effect  as  the  first  registrjition,  and  suc- 
cessive registrations  may,  in  the  same  manner,  be  made  from 
time  to  time  as  may  be  desired  ; and  also,  that  the  holder  of 
any  of  said  bonds  may  at  his  option  surrender  the  coupons 
attached  thereto  to  Ix^  canceled,  in  which  case  inter‘(*st  thereon 
will  then^after  be  payable  to  him  or  his  order  only. 


Registry  of  Bond 
Payable  to  Bearer. 


Till-:  .MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


22(! 


Taxes,  Levies  and 
Assessments  to  be 
paid. 


In  Case  of  Default. 


Arts.  12, 13  and  14  o 
Consolidated  Mort- 
gage applicable 
hereto. 


Resignation,  etc.,  of 
Trustee. 


Art.  15  of  Consoli- 
dated Mortgage, 
applicable. 


Covenant  for  further 
Assurance. 


Article  Sixth,  — The  said  Party  of  tlie  First  Part  hereby 
further  agrees  that  it  will  pay  or  cause  to  be  paid  the  bonds 
herein  mentioned,  and  the  interest  thereon  according  to  the 
terms  thereof,  and  all  taxes,  levies,  and  assessments  imposed 
and  assessed,  or  which  may  hereafter  be  imposed  or  assessed 
upon  the  premises,  franchises  and  property  hereby  conveyed 
or  intended  so  to  be,  and  also  the  United*  States  Government 
tax  upon  the  interest  payable  on  said  bonds  and  each  of  them, 
and  represented  by  the  coupons  annexed  to  said  bonds,  and 
will,  at  its  own  cost  and  expense,  do  or  cause  to  be  done  all 
things  necessary  to  preserve  and  keep  valid  and  intact  the  lien 
or  incumbrance  hereby  created. 

Article  Seventh.  — In  Case  Default  shall  be  made  in  the 
payment  of  an}^  interest  upon  either  of  said  bonds  when  the 
same  shall  become  due  and  payable,  or  in  the  payment  of  any 
sum  or  sums  of  money  hereinbefore  provided  to  be  made  for 
the  creation  of  said  sinking  fund,  and  such  default  shall  con- 
tinue for  six  months  after  the  same  has  been  demanded,  the 
whole  principal  sum  mentioned  in  each  and  all  of  this  said  fur- 
ther issue  of  bonds  then  outstanding  shall,  at  the  option  of  the 
holders  of  a majority  in  interest  of  said  bonds,  forthwith 
become  due  and  jiayable,  and  thereupon  all  the  terms  and  pro- 
visions contained  in  Articles  Twelfth,  Thirteenth  and  Fourteenth 
of  the  said  Consolidated  Mortgage  are  hereby  made  applicable 
to  such  further  issue  of  bonds,  secured  by  this  trust  deed  or 
mortgage,  and  to  all  the  property,  real,  personal,  and  mixed, 
and  the  rights  and  franchises  hereby  conveyed. 

Article  Phchth. — In  Case  of  the  Resig-natioii,  removal,  in- 
solvency, or  incapacity  or  inability,  for  any  other  reason  of 
the  said  party  hereto  of  the  second  part  to  act  in  execution  of 
trust  hereby  created,  then  the  provisions  contained  in  Article 
Fifteenth  of  said  Consolidated  Mortgage  for  the  appointment  of 
a new  or  provisional  Trustee  or  Trustees  are  made  applicable 
hereto. 

Article  Ninth.  — The  Party  of  the  First  Part  shall,  from 
time  to  time,  and  at  all  times  hereafter,  and  as  often  as  there- 
unto reciuested  by  the  party  of  the  second  part,  its  successor 
or  successors,  execute,  acknowledge,  and  deliver  all  such  fur- 
ther deeds,  conveyances,  and  assurances  in  the  law,  for  the 
better  assuring  unto  the  party  of  the  second  part,  its  successor 
or  successors  in  the  trust  hereby  created,  upon  the  trusts  herein 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILVV  AY. 


227 


expressed,  tlie  lands,  railroads,  eciuipnicnts,  and  appurtenances 
hereinbefore  conveyed  or  intended  so  to  be,  and  all  other  pro- 
perty and  things  whatsoever  which  may  be  hereafter  accpiired 
•for  use  in  connection  with  the  same  or  any  part  thereof,  and  all 
franchises  now  held,  including  the  franchise  to  be  a corpora- 
tion, as  by  the  party  of  the  second  part,  its  successor  or  suc- 
cessors, or  by  their  counsel  learned  in  the  law,  shall  be  reason- 
ably advised,  devised,  or  required. 


Article  Tenth. — And  it  is  Further  Agreed  that  the  stamps  u.  s.  Revenue 
required  by  the  United  States  Revenue  Laws,  instead  of  being 
placed  on  this  mortgage,  shall  be  placed  on  the  bonds  secured 
hereby  as  the  same  shall  be  issued. 

Article  Eleventh.  — Provided,  nevertheless,  and  it  is  ^^elease  of  this  Mort- 
gage proportionally, 

hereby  further  agreed  by  and  between  the  parties  hereto,  that  how  secured, 
in  case  the  said  party  of  the  first  part  shall  at  any  time  here- 
after desire  to  grant,  bargain,  sell,  assign,  transfer  and  set 
over,  divest  itself  of  and  part  with  the  said  hereinbefore 
described  railroads  and  corporate  railroad  [iropm-tVi  real, 
personal,  or  mixed,  rights,  jiowers,  and  franchises,  or  anyone 
of  said  railroads,  or  any  part  or  portion  of  said  coriiorate 
railroad  propert^b  real,  iiersonal,  or  mixed,  rights,  powers,  and 
franchises  hereinbefore  described  and  conviwed  by  this  trust 
deed  or  mortgage,  to  any  other  cor})oration  or  corporations 
authorized  by  law  to  purchase  and  take  the  same,  then  iqion 
the  surrender  or  cancelation  of  the  whole  of  such  further  issue 
of  bonds  outstanding,  tin*  said  party  of  the  second  part  shall 
and  her(*by  covenants  to  r(‘leas(‘  the  whole*  of  said  railroad 
pro})erty  from  the  lien  and  operation  of  this  trust  deed  or 
mortgage,  and  to  cancel  and  satisfy  the  same*,  or  to  release 
any  part  or  })ortion  of  said  railroad  t>i‘<>pti>‘ty  h‘ss  than  the 
whole,  u{)on  the  surrender  or  cancellation  of  the  number  of 
said  bonds  issued  in  })ro})ortion  to  the  part  or  portion  of  said 
railroad  property  so  sold,  and  to  release  such  part  or  i)ortion 
from  the  lien  and  o})eration  of  this  trust  de(‘d  or  mortgage, 
including  a release  of  a tiroportionate  amount  of  the  siiddng 
fund  hereinbefore  provided  for  the  })ayment  of  said  bonds. 


I’rovicled  always,  and  this  grant  and  conveyance  is  upon  the  Until  Default  nuide, 
exj)ress  condition  that  until  some  default  shall  be  made  in  the  [laU^ay^Qompany.^^ 
l)erformance  or  observance  of  the  conditions,  obligations,  or 
reituirements  herein  contained,  the  said  i)arty  of  the  first  i)art 
shall  be  permitted  to  possess,  manage,  operate,  and  enjoy  all 
the  said  railroads,  with  their  e(pd[)ments  and  appurtenances. 


228 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Defeasance. 


Kelease  and  Satis- 
faction. 


and  all  other  the  lands  and  premises,  property  and  franchises 
hereinbefore  described  ; and  that  upon  the  payment  in  full  of 
said  bonds,  and  the  interest  due  thereon,  then  the  estate,  title, 
and  interest  hereby  granted  shall  cease,  determine,  and  be  void  ; 
and  the  said  party  of  the  second  part,  its  successor  or  suc- 
cessors in  this  trust,  shall  convey,  assign,  transfer,  and  deliver 
over  to  said  party  of  the  first  part,  and  its  successors,  all  the 
said  railroads,  their  equipments  and  appurtenances,  and  all 
moneys,  notes,  bills,  bonds,  mortgages,  choses  in  action,  and 
property,  real,  personal,  and  mixed,  and  things  of  value 
remaining  in  its  possession,  and  shall  duly  execute  and  deliver 
to  the  said  party  of  the  first  part  a proper  release  or  satisfac- 
tion of  this  mortgage. 


In  Witness  Whereof,  the  said  party  of  the  first  part 
has  caused  its  corporate  seal  to  be  hereunto 
afiixed,  and  the  same  to  be  attested  by  the  sig- 
natures of  its  President  and  Secretary ; and  the 
said  party  of  the  second  part,  to  evidence  its 
acceptance  of  the  trust  hereby  created,  has  also 
caused  its  corporate  seal  to  be  hereunto  affixed 
and  the  same  to  be  attested  by  the  signatures 
of  its  President  and  Secretary,  the  day  and  year 
first  above  written. 

Levi  Parsons,  President. 


H.  B.  Henson,  Secretary. 


Signed,  sealed  and  delivered  by  the 
Missouri,  Kansas,  and  Texas 
Railway  Co.,  in  presence  of 
William  II . Clarkson,  J.  H. 
Fairbanks. 


Union  Trust  Company  of  New  York, 

By  I.  II.  Frothingham,  President. 
C.  T.  Carlton,  Secretary. 

Signed,  sealed,  and  delivered  by 
the  Union  Trust  Company,  of 
New  York,  in  presence  of  W. 


D.  Vernam,  William  II.  Clark- 


son. 


State  of  New  York,  ^ 

City  and  County  of  New  York,  ^ ^ * 

Notarial  Certificate  Be  it  rcineinberctl,  that  on  this  first  day  of  rlune,  A.  I)., 
of  Acknowledgment.  |^y2,  before  me,  William  H.  Clarkson,  a (k)mmissioner  of  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


229 


State  of  IMissoiiri,  in  and  for  the  State  of  New  York,  residing 
in  said  City  of  New  York,  personally  appeared  Levi  Parsons, 
the  President  of  the  Missounr,  Kansas  and  Ti:xas  Railway 
Company,  and  11.  B.  Henson,  the  Secretary  of  the  same  Com- 
})any,  to  me  respectively  i)ersonally  known  to  be  such,  who 
being  b^'ine  severally  duly  sworn,  did  depose  and  say  that  he, 
said  Levi  Parsons,  resided  in  the  City,  County,  and  State  of 
New  York  ; that  he,  said  H.  B.  Henson,  resided  in  the  City  of 
Brooklyn,  in  the  State  of  New  York;  that  he,  said  Levi  Par- 
sons, was  the  President,  and  he,  said  H.  B.  Henson,  was  the 
Secretary  of  the  said  Company;  that  they  know  the  corporate 
seal  of  said  Company  ; that  the  seal  affixed  to  the  foregoing  in- 
strument is  such  corporate  seal ; that  it  was  so  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company;  and  that 
they,  the  said  Levi  Parsons  and  H.  B.  Henson,  signed  their 
names  thereto  by  the  like  order,  as  President  and  Secretary 
of  said  Company,  res[;ectively . ArW  they  also  severally 
acknowledged  to  me  that  they  executed  and  delivered  the  said 
instrument,  and  that  the  same  was  their  voluntary  act  and 
deed,  and  the  voluntary  act  and  deed  of  said  Com})any,  for  the 
uses  and  purposes  therein  mentioned. 


Ill  AVltiiess  Wliereof,  I have  hereunto  set  my  hand 
and  atiixed  my  official  seal. 

William  H.  ('lakkson, 
(yOnwiissi(})ier  for  Missou)‘i  in  ]^ew  York, 

117  Broadicat/ , Neir  York  City. 


Statk  of  New  Youk, 

City  and  County  of  New  Yolk 

I5e  it  reineiiibereil,  that  on  this  first  day  of  June,  A.  1)., 
1872,  bofore  mo,  William  II.  Clarkson,  a Commi.xsioiioi-  of  the 
State  of  Kansas,  in  and  for  the  State  of  New  York,  I’esiding  in 
said  City  of  New  York,  })ersonally  ai)})eared  Levi  Ibirsons,  the 
President  of  the  iMissouin,  Kansas  and  Texas.  Railway  Com- 
PANY,  and  H.  B.  Henson,  the  Secretary  of  the  same  Company , 
to  me  respectively  personally  known  to  be  such,  who  being  by 
me  sevei’ally  duly  sworn,  did  depose  jind  say  that  he,  said 
Levi  Parsons,  resided  in  the  City,  County,  and  State  of  NeM' 
York;  that  he,  said  H.  B.  Henson,  resided  in  the  City  of 
Brooklyn,  in  the  State  of  New  York  ; that  he,  said  Levi  Par- 
sons, wjis  the  President,  and  he,  said  1 1.  B.  Henson,  was  the 
Secretary  of  said  Company  ; that  they  knew  the  corporate  seal 
of  said  Company  ; that  the  seal  affixed  to  the  foregoing  instru- 


230 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


ment  is  such  corponite  seal ; that  it  was  so  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Compaiw  ; and  that 


they,  the  said  Levi  Parsons  and  H.  B.  Henson,  signed  their 


names  thereto,  by  the  like  order,  as  President  and  Secretary 
of  said  Company,  respectively.  And  they  also  severally 
acknowledged  to  me  that  they  had  executed  the  said  instru- 
ment for  the  purposes  therein  mentioned,  and  that  the  same 
was  their  voluntary  act  and  deed,  and  the  voluntary  act  and 
deed  of  said  Company. 


In  Witness  Whereof,  I have  hereunto  set  my  hand, 
and  affixed  my  official  seal. 

William  H.  Clarkson, 
Commissioner  for  Kansas  in  Keio  York, 

117  Broadway,  New  York  City, 


State  of  Nem' York, 

City  and  County  of  New  York. 


Be  it  remembered,  that  on  this  fifth  day  of  dune,  A.  D., 


Notarial  Certificate 


of  Acknowledgment.  ore  me,  William  H.  Clarkson,  a Commissioner  of 


the  State  of  Kansas,  in  and  for  the  State  of  New  York,  resid- 
ing in  said  City  of  New  York,  personally  appeared  Isaac  H. 
Frothingham,  the  President  of  the  Union  Trust  Company,  of 
New  A^ork,  and  Charles  T.  Carlton,  the  Secretary  of  the  same 
Company,  to  me  respectively  personally  known  to  be  such, 
who  being  by  me  severally  duly  sworn,  did  depose  and  say 
that  he,  said  Isaac  H.  Frothingham,  resided  in  Brooklyn,  in 
the  State  of  New  York;  that  he,  said  Charles  T.  Carlton, 
resided  in  Brooklyn,  in  the  State  of  New  York  ; that  he, 
said  Isaac  H.  Frothingham,  was  the  President,  and  he,  said 
Charles  T.  Carlton,  was  the  Secretary  of  said  Company  ; that 
they  know  the  corporate  seal  of  said  Company;  that  the  seal 
affixed  to  the  foregoing  instrument  is  such  cor})orate  seal ; 
that  it  was  so  affixed  thereto  by  order  of  the  Board  of  Directors 
of  said  Company;  and  that  they,  the  said  Isaac  11.  Frothing- 
ham and  Charles  T.  Carlton,  signed  their  names  thereto,  by 
the  like  order,  as  President  and  Secretary  of  said  Company, 
respectively.  And  they  also  severally  acknowledged  to  me 
that  they  had  executed  the  said  instrument  for  the  purposes 
therein  mentioned,  and  that  the  same  was  their  voluntary  act 
and  deed,  and  the  voluntary  act  and  deed  of  said  Company. 


Ill  Witness  Whereof,  I have  hereunto  set  my  hand, 
and  Jiffixed  ni}^  official  seal. 

William  H.  Clarkson, 
Commissioner  of  Kansas  in  New  York. 


THE  MISSOURI,  KANSAS  AND  TKXAS  RAILWAY. 


231 


Statf.  of  New  York, 

City  and  County  of  New  York- 

Be  it  reii.embei-e<l,  that  on  this  fifth  .lay  of  June,  A.  Certificate 

1872,  before  me,  William  H.  Clarkson,  a Commissioner  of  the  of  Acknowledgment. 
State  of  Missouri,  in  and  for  the  State  of  New  York,  residing 
in  said  City  of  New  York,  personally  appeared  Isaac  II. 

Frothingham,  the  President  of  the  Union  Trust  Company,  of 
New  A"ork,  and  Charles  T.  Carlton,  the  Secretary  of  the  same 
Company,  to  me  respectively  personally  known  to  be  such, 
who  being  by  me  severally  duly  sworn,  did  depose  and  say 
that  he,  said  Isaac  11.  Frothingham,  resided  in  Brooklyn,  in  the 
State  of  New  York;  that  he,  said  Charles  T.  Carlton,  resided 
in  Brooklyn,  in  the  State  of  New  York;  that  he,  said  Isaac  H. 

Frothingham,  was  the  President,  and  he,  said  Charles  T. 

Carlton,  was  the  Secretary  of  the  said  Company  ; that  they 
know  the  corporate  seal  of  said  Company  ; that  tlie  seal  affixed 
to  the  foregoing  instrument  is  such  corporate  seal;  that  it  was 
so  affixed  thereto  by  order  of  the  Board  Directors  of  said 
Company,  and  that  they,  the  said  Isaac  II.  Frothingham  and 
Charles  T.  Carlton,  signed  tlieir  names  thereto  by  the  like 
order,  as  President  and  Secretary  of  the  said  (\)mpany, 
respectively.  And  they  also  sev(‘rally  acknowledged  to  me 
that  they  executed  and  delivered  the  said  iiistruineiit,  and  that 
the  same  was  their  voluntarily  act  and  deed,  and  the  voluntary 
act  and  dc(Ml  of  said  Company  for  the  us(‘S  and  purjioses 
ther(‘in  mentioned. 

WitiK'ss  Wlieroof,  I have  hereunto  set  my  hand 
and  atiixed  my  otlichal  si‘al. 

Ml  ELI  AM  H.  Clarkson, 

(Jommis.sifmer  for  Missouri  in  JVeiv  York. 

No.  10  \Vall  St.,  New  '^'ork,  diin(‘  1,  1872. 

VVe  liav<‘ carefully  exaiiiiued  the  procec'dings  taken  by  the  Opinion  of  Counsel, 
stockholders  of  the  T(‘bo  and  Neosho  Railroad  Company  and 
the  Missouri,  Kansas  and  Texas  Railway  C'omrany  which 
resulted  in  the  agreement  by  the  former  Company  to  sell,  and  by 
th(5  latter  Company  to  purchase,  the  exten.sion  of  tlu^  Tebo  and 
Neosho  Rjiilroad  north  from  Sedalia,  and  were  consummated 
by  the  execution  and  delivery  of  the  d(H*d  conveying  such 
extension  to  the  Missouri,  Kansas  and  Texas  Railway  Co.m- 
RANY;  also  th(‘ proceedings  by  which  the  Land  Grant  Railway 
and  Trust  Company  accjuired  title  to  the  property  and  fran- 


232 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


cliises  of  the  St.  Louis  and  Santa  Fe  Railroad  Company, 
Missouri  Division,  and  afterwards  eonveyed  the  same  to  the 
Missouri,  Kansas  and  Texas  Railway  Company  ; also  the  pro- 
eeedin^s  by  whieh  the  Neosho  Valley  and  Holden  Railway 
Company  was  consolidated  with  the  Missouri,  Kansas  and 
Texas  Railway  Company,  and  we  are  satisfied  that  all  such 
proceedings  were  regularly  taken,  and  that  the  Missouri, 
Kansas  and  Texas  Railavay  Company  thereby  became  the 
owner  of  all  the  corporate  railroad  property,  real,  personal, 
and  mixed,  and  vested  with  all  the  corporate  rights,  powers, 
and  franchises  of  the  above  named  railroad  companies,  as  the 
same  are  set  forth  in  the  additional  mortgage  executed  by  the 
Missouri,  Kansas  and  Texas  Railway  Company  to  the  Union 
Trust  Company,  of  New  York,  bearing  date  June  1,  1872.  We 
are  also  satisfied  that  the  additional  mort^a«:e  is  a valid  first 
lien  upon  all  the  property  therein  described.  The  mortgage 
and  the  bond  therein  set  forth  were  prepared  by  us,  and  we 
approve  the  same  and  all  the  provisions  therein  contained. 

Starr  & Ruggles, 
Counselors  at  Law. 


MISSOURI,  KANSAS  & TEXAS  RAILWAY 
COMPANY. 


FURTHER  ADDITIONAL  MORTGAGE. 

FORT  SMITH  BRANCH. 

NOVEMBER  i,  1872. 

THIS  INDENTURE,  made  the  first  day  of  November,  one 
thousand  eight  hundred  and  seventy-two,  between  the 
Missouri,  Kansas  and  Texas  Kailway  Company  of  the  one 
part,  and  the  Union  IhiUST  Company,  of  New  York,  of  the 
other  part ; 

Whereas,  the  said  party  of  the  first  })art  did  lieretofore,  Rud 
on  or  about  the  first  day  of  Feliruarv,  one  tliousand  eij^ht 
hundred  and  seventy-one,  duly  make,  execute,  and  deliver  1,  1871, 
unto  the  said  party  of  the  second  iiart,  a certain  trust  deed  or 
Consolidated  Mortgage,  whereby  the  said  party  of  the  first 
})art  did  duly  grant,  bargain,  sell,  assign,  transfer,  and  convey 
unto  the  said  l)arty  of  the  second  i)art,  all  the  proptu-ty,  both 
real  and  jiersonal  and  mixed,  and  all  the  corporate  rights, 
powers,  franchises,  and  })rivileges  therein  fully  sid  forth  and 
described,  to  have  and  to  hold  the  sjune  unto  tin*  said  ])arty  of 
the  second  part,  its  successor  or  successors  and  assigns,  in 
trust  to  secure  the  jiayment  of  bonds  in  the  sum  of  one  thou- 
sand dollars  each,  amounting  to  th(‘  aggregate  principal  sum 

of  fourteen  millions  of  dollars,  and  numbered  from  one  to secure  Bonds  for 
1 1 • 1 <•  , . $14,000,000. 

fourteen  thousand,  both  inclusive,  and  tor  the  us(\s,  intents 
and  purposes  in  the  said  indenture  of  mortgage  fully  expressed 
and  declared,  as  by  reference  thereto,  now  b(‘ingin  the  proper 
custody  of  the  party  of  the  second  fiart,  and  also  duly 
recorded,  among  other  places  in  the  office  of  the  Kecorder  of 
the  County  of  Pettis,  in  the  State  of  ]Missouri,  will  more  fully 
and  at  large  appear  ; 

And  Whereas,  among  the  other  terms,  provisions,  and 
articles  in  the  said  indenture  of  mortgage  contained,  the 

( 233  ) 


234 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Art.  10  of  Consoli 
dated  Mortgage  of 
Feb.  1,  1871. 


Bonds  upon  new 
lloads  at  $20,000 
and  $25,000  per  Mile. 


Tenth  Article  therein  is  in  the  words  following,  that  is 
to  say  : — 

“Article  Tenth.  — It  is  further  Mutually  Agreed  by  and 
between  the  parties  hereto,  that  if  the  said  party  of  the  first 
part  shall  hereafter,  under  any  right  or  franchise  now  owned 
by  it,  and  not  conveyed  by  this  trust  deed  or  mortgage, 
further  extend  its  said  road,  or  shall  under  any  right  or  fran- 
chise now  owned,  or  hereafter  to  be  acquired,  construct  any 
other  railroad  or  railroads,  or  become  the  owner  of  any  other 
railroad  already  constructed,  then,  for  every  such  extension 
and  every  such  railroad  constructed  or  to  be  constructed,  a 
further  issue  of  bonds  may  be  made  hereunder  by  the  said 
party  of  the  first  part,  the  aggregate  amount  of  which  shall 
not  exceed  the  rate  of  twenty  thousand  dollars  for  every  mile 
of  road,  where  lands  shall  not  have  been  granted  by  any  State, 
or  by  the  United  States,  to  aid  in  the  construction  thereof, 
and  twenty-five  thousand  dollars  per  mile  in  all  cases  where 
lands  shall  have  been  so  granted  ; such  bonds  to  be  issued  in 
the  same  proportions  and  upon  the  same  conditions  as  herein- 
before provided  in  Article  Fourth  for  the  issue  of  the  bonds 
to  which  said  article  relates,  and  in  case  said  bonds  are  sold 
the  proceeds  to  be  paid  over,  as  also  in  said  article  provided. 
And  all  such  bonds  shall  be  of  the  same  tenor  as  that  provided 
for  in  the  form  of  bonds  hereinbefore  set  forth,  subject  only 
to  necessary  variation  as  to  the  distinguishing  numbers  and 
the  dates  thereof,  and  shall  bear  numbers  running  from  the 
number  fourteen  thousand  upward,  and  shall  be  entitled  to 
the  benefit  of  a sinking  fund,  to  be  created  in  the  same  manner 
as  is  hereinbefore  provided.  And  the  said  party  of  the  first 
part  hereby  agrees  to  execute  and  deliver  to  the  said  party  of 
the  second  part,  its  successor  or  successors,  upon  every  such 
further  issue  of  bonds,  any  further  reasonable  and  necessary 
Mortgage  to  secure  trust  deed  or  mortijafye,  to  briim  in  and  subject  to  the  condi- 

said  Bonds.  » o ’ o , 

tions  of  these  presents  every  such  extended  or  future  acquired 

road,  and  every  other  land  and  property,  real  or  personal, 
that  may  hereafter  be  acquired  by  it  for  the  purpose  and  with 
the  intent  of  securing  the  payment  of  the  said  bonds  compos- 
ing every  such  increased  issue,  as  well  as  the  bonds  herein- 
above described,  equally  and  alike,  upon  the  property  of  the 
said  party  of  the  first  part,  with  the  interest  due  and  to  grow 
due  thereon,  and  the  })ayment  to  said  Trustee  of  the  said  sink- 
ing fund,  in  the  same  manner  as  if  all  said  bonds  had  been 
originally  secured  by  one  and  the  same  trust  deed  or  mort- 


iSinking  Fund. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


235 


gage.  Provided^  however,  that  if  any  railroad  or  railroads 
which  may  hereafter  be  acquired  by  the  party  of  the  first  part, 
shall,  at  the  time  of  such  acquisition,  be  subject  to  the  lien  of 
any  trust  deed  or  mortgage  theretofore  made  to  secure  bonds 
then  outstanding,  no  more  bonds  shall  be  issued  hereunder  on 
any  such  railroad  or  railroads  than  such  an  amount  as  shall, 
together  with  such  outstanding  bonds,  be  equal  to  the  rate  per 
mile  hereinbefore  mentioned:  but  bonds  may  be  issued  here- 
under on  any  such  railroad  or  railroads  in  exchange  for  an 
equal  amount  of  such  outstanding  bonds.” 

And  Whereas,  the  Fourth  Article  in  the  said  indenture  of  Art.  4 of  Consoli- 
mortgage  contained  in  the  words  following,  to  wit : 


“Article  Fourth.  — The  remaining-  Four  Thousand  4000  Bonds  for  Con- 

the  Bonds,  secured  hereby,  being  those  numbered  from  ten  struction  South  of 

^ Arlvftnsfts  l^ivsT 

thousand  and  one  to  fourteen  thousand,  both  inclusive,  shall  be  leo  Miles, 
issued  and  used  only  for  the  construction  of  the  proposed 
extension  of  the  railway  of  the  party  of  the  lirst  part,  south 
of  the  Arkansas  River,  and  extending  southerly  a distance  of 
one  hundred  and  sixty  miles,  more  or  less,  through  the  Indian 
Territory,  as  hereinbefore  recited  Such  bonds  shall  only  be 
issued  and  delivered  to  the  party  of  the  first  i)art  in  })ropor- 
tionate  amounts,  and  upon  the  c()nq)letion  of  any  section  or 
sections  of  said  road,  the  length  of  which  completed  section 
or  sections  shall  be  determined  by  the  certificates  of  the  C'hief 
Engineer  and  General  Superintendent,  and  the  President  of 
the  party  of  the  first  j)art : Provided,  however,  that  when- 
ever any  contract  or  contracts  for  the  construction  of  any  fifty  Bonds  delivered, 
miles  of  such  proposed  extension  shall  be  made,  a prof)or- 
tionate  amount  of  said  bonds  shall,  at  the  option  of  the  i)arty 
of  the  first  part,  be  issued  and  delivered  to  it  by  the  party  of 
the  second  t)art,  to  be  used  in  the  construction,  conq)letion, 
and  equipment  of  such  portion  or  })()rtions  of  road;  and  ;n*o- 

vided,  farther , that  all  or  anv  |)art  or  portion  of  such  l)()iids  P>*oceeds  of  Sales 

. ^ . paid  over  to  Trustee, 

may  be  ottered  tor  sale  at  any  time  hereafter;  and  in  case 

sales  thereof  shall  bo  made,  the  proceeds  shall  be  received  by 

the  party  of  the  second  part,  its  successor  or  successors  in  this 

trust,  and  jiroportionate  amounts  thereof,  detiu'mined  in  like 

manner,  shall  be  paid  to  the  l)arty  of  the  first  })art,  in  place  of 

a delivery  of  bonds  as  in  this  article  is  provided.” 


And  Whereas,  the  said  party  of  the  first  part  is  the  owner  Acts  of  Congress 
„ 1 • , . /.  . . July 

or  ttie  right  and  tranchise  by  virtue  of  two  several  Acts  of  26,  1866.  Extension 

Congress,  a})i)roved  July  25th  and  July  2(;th,  iHlili,  anil  the 


236 


tup:  MISSOURI,  Kansas  and  tp:xas  railway. 


2000  Bonds  for  Con- 
struction between 
Ft.  Gibson  and 
Ft.  Smith. 


Form  of  Bond. 


Seven  per  cent. — 
Gold  — Principal 
and  Interest. 


order  and  approval  of  the  President  of  the  United  States 
thereupon,  to  extend,  construct,  and  operate  their  said  rail- 
road from  a point  in  their  main  line  at  or  near  P^ort  Gibson, 
in  the  Indian  Territory,  southeast  to  Fort  Smith,  in  the  State 
of  Arkansas,  a distance  of  eighty  miles; 

And  Whereas,  the  said  party  of  the  first  part  has  made  and 
entered  into  a contract  for  the  construction  of  said  railroad 
extending  as  aforesaid,  from  a point  at  or  near  Fort  Gibson, 
in  the  Indian  Territory,  to  Fort  Smith,  in  the  State  of  Arkan- 
sas, and  is  desirous  of  borrowing  money  for  the  purpose 
of  building,  equipping,  and  operating  the  railroad  herein 
described,  and  for  that  purpose  has  resolved  to  make  a fur- 
ther issue  of  bonds,  under  and  by  virtue  of  the  right  and  privi- 
lege reserved  in  and  by  the  said  “ Article  Tenth,”  hereinbefore 
set  forth  and  recited,  which  said  bonds  shall  be  in  the  sum  of 
one  thousand  dollars  each,  amounting  to  the  aggregate  princi- 
pal sum  of  two  million  dollars,  and  numbered  from  sixteen  ^ 
l^ousand  five  hiuidi-ed  and  one  to  eighteen  thousand__fiye  hun- 
dred, both  inclusive  ; and  that  each  of  said  bonds  shall  be  in 
the  words  and  figures  following,  subject  only  to  necessary 
variation  as  to  the  distinguishing  numbers  and  amount 
thereof. 

United  States  of  America, 

States  of  Kansas  and  Missouri. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 

First  Mortgage  Seven  per  Cent.  Land  Grant  and  Sinking 
Fund  Gold  Bond. 

FREE  OF  UNITED  STATES  GOVERNMENT  TAX. 

No. $1,000. 

Know  all  Men  by  tliese  Presents,  that  the  Missouri,  Kan- 
sas AND  Texas  Railway  Company  is  indebted  to  the  Union 
Trust  Company,  of  New  A^ork,  or  bearer,  in  the  sum  of  one 
thousand  dollars,  in  gold  coin  of  the  United  States,  which  the 
said  Railway  Company  promises  to  pay  to  the  bearer  hereof, 
on  the  first  day  of  November,  in  the  year  nineteen  hundred  and 
five,  in  the  City  of  New  AYrk,  with  interest  thereon  from  the 
date  hereof,  at  the  rate  of  seven  per  cent,  per  annum,  payable 
in  gold  coin  aforesaid,  semi-annually,  at  its  oflice  or  agency  in 
the  City  of  New  York,  on  the  first  days  of  August  and  PYbruary, 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


237 


in  each  year,  upon  the  })rcsentati()n  and  surrender  of  tlie 
coupons  hereto  attached,  as  they  severally  become  due  as  pro- 
vided therein ; and  in  case  of  default  in  the  payment  of  any 
half-yearly  installments  of  interest,  which  shall  have  become 
due  and  been  demanded,  and  such  default  shall  have  continued 
six  months  after  demand,  the  principal  of  this  bond  shall 
become  due  in  the  manner  and  with  the  effect  provided  for  in 
the  trust  deeds  or  mortg^atjes  hereinafter  mentioned. 

This  bond  is  one  of  a further  issue  of  bonds  numbered  con- ggj.jQgQf2000  Bonds, 
secutively  from  sixteen  thousand  five  hundred  and  one  to 
eighteen  thousand  five  hundred,  both  inclusive,  each  for  the 
sum  of  one  thousand  dollars,  amounting  in  the  aggregate  to 
the  sum  of  two  million  dollars,  all  of  which  are  of  like  tenor, 
date,  and  effect ; and  such  further  issue  is  made  pursuant  to 
Article  Tenth  of  a certain  trust  deed  or  niorto-ac^e,  dated  the 
first  day  of  February,  in  the  year  eighteen  hundred  and  seventy- 
one,  duly  executed  and  delivered  by  the  said  Railroad  Com- 
pany, and  recorded  in  the  proper  ofiices  in  the  States  of 
Missouri,  Kansas,  and  elsewhere,  and  conveying  to  the  said 
L^nion  Trust  Company  of  New  York,  in  trust,  the  cort)orate 
property,  real  and  personal,  of  the  party  of  the  first  part 
herein  described,  and  all  its  franchises  and  the  i)rivileges  at)per- 
tainiim  thereto,  as  set  forth  in  said  trust  deed  or  mortijajje ; 
and  this  further  issue  of  bonds,  together  with  the  sixteen  thou- 
sand five  hundred  bonds  above  named,  are  secured e(jually  and 
alike  thereby  ; and  by  anothei’  trust  deed  or  mortgage,  bearing 
date  the  first  day  of  flune,  one  thousand  eight  hundred  and 
seventy -two  ; and  also  by  another  trust  deed  or  mortgage  l)ear-and  Nov.  1,  1872. 
ing  date  the  first  day  of  November,  one  thousand  eight  hundred 
and  seventy-two,  all  duly  executed  and  delivered  by  the  said 
Railway  Company,  and  duly  recorded,  conveying  to  the  said 
Trust  Company  the  corporate  proj)erty,  real  and  personal, 
therein  severally  described. 

This  bond  is  entitled  to  the  benefit  of  a sinking  fund,  as  l)ro- sinking  Fund, 
vided  by  said  trust  deeds  or  mortgages,  whereby  the  })rincipal 
of  said  bond  will  be  redeemed  in  thirty-three  years  from  the 
date  hereof.  Bonds  ecpial  in  jimount  to  the  accumulations  in 
said  sinking  fund  will  be  redeemed  at  their  })ar  value  annually, 
commencing  after  the  first  day  of  February,  1870.  Notice  of 
the  numbers  of  the  bonds  so  allotted  for  redemption  will  he 
published  in  two  or  more  daily  newspapers  printed  in  the  City  ^onds. 
of  New  York,  for  sixty  days,  at  the  ext)iration  of  which  time 
interest  thereon  shall  cease. 


238 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Registry  and  Trans- 
fer of  Bonds. 


Certification. 


Further  Mortgage. 


This  Indenture 
conveys 


This  bond  shall  pass  by  delivery  or  by  transfer  on  the  books 
of  the  Company  in  the  City  of  New  York,  and  sueh  other  places 
in  this  country  and  in  Europe  as  said  Company  may  hereafter 
designate.  After  a registration  of  ownership,  certified  hereon 
by  the  Secretary  of  the  Company  or  its  Transfer  Agent,  no 
transfer,  except  on  the  books  of  the  Company,  shall  be  valid, 
unless  the  last  transfer  shall  have  been  to  bearer;  the  bond  to 
be  entitled  to  successive  registrations  and  transfers  to  bearer, 
at  the  option  of  each  holder,  and  other  privileges  in  that 
behalf  mentioned  in  said  trust  deed  or  mortgage. 

This  bond  shall  not  become  obligatory  until  it  shall  have 
been  authenticated  by  a certificate  indorsed  hereon,  duly  exe- 
cuted by  the  Trustee  aforesaid,  to  the  effect  that  the  same  is 
properly  issued. 


Ill  Witness  Whereof , the  said  Missouri,  Kansas  ani> 
Texas  Railway  Company  has  caused  these  pres- 
ents to  be  executed  by  its  President  and  Secre- 
tary, and  its  corporate  seal  to  be  hereto  affixed, 
this  first  day  of  November,  A.  D., 'eighteen 
hundred  and  seventy -two. 

, President. 

, Secretary. 


And  Whereas,  the  said  party  of  the  first  part,  in  pursuance 
of  its  agreement  contained  in  Article  Tenth  aforesaid,  and  sub- 
ject to  the  restrictions  in  said  article  contained,  is  desirous  of 
executing  and  delivering  to  the  said  party  hereto  of  the  second 
part,  upon  such  further  issue  of  bonds,  a further  trust  deed 
or  mortgage  conveying  the  property  hereinafter  described  and 
so  acquired  as  aforesaid,  for  the  purpose  and  with  the  intent 
of  securing  the  payment  of  the  said  bonds  composing  such 
further  issue,  according  to  the  tenor  and  effect  of  the  provis- 
ion in  the  said  article  contained. 

Now,  Therefore,  this  Indenture  Witnesseth,  that  the  said 
party  hereto  of  the  first  part,  for  and  in  consideration  of  the 
premises  and  of  the  sum  of  one  dollar  to  it  duly  paid  by  the 
party  hereto  of  the  second  part,  and  in  order  to  secure  the 
payment  of  the  principal  and  interest  of  the  said  further  issue 
of  bonds,  according  to  the  tenor  thereof,  hath  granted,  bar- 
gained, sold,  assigned,  transferred,  and  conveyed,  and  by 
these  presents  doth  grant,  bargain,  sell,  assign,  transfer,  and 
convey,  unto  the  said  party  of  the  second  j)art,  its  lawful 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


239 


successor  or  successors  in  the  trust  hereby  created,  and 
assigns  : 


All  and  singular  the  Railroad  so  as  aforesaid  contracted  to  be  „ , . •. 

® , Road  from  Ft.  Gib- 

built, extending  from  a point  at  or  near  Fort  Gibson,in  the  Indian  son  to  Ft.  Smith,  80 
, . ^ Miles 

Territory,  southeasterly  to  Fort  Smith,  in  the  State  of  Arkan- 
sas, as  the  same  is  now  located  and  surveyed,  a distance  of 
eighty  miles,  together  with  all  the  privileges  and  franchises 
acquired  by  the  party  of  the  first  part  under  and  by  virtue  of 
two  several  Acts  of  Congress,  approved  July  25th  and  July 
26th,  1866,  and  the  order  and  approval  of  the  President  of  the 
United  States  thereupon  to  extend,  construct  and  operate  its 
railroad  through  the  Indian  Territory  to  Preston  and  Fort 
Smith  ; and  also  all  the  right,  title,  and  interest  which  the 
party  of  the  first  part  now  has  or  may  hereafter  acquire  by 
reason  of  constructing  the  extension  or  branch  of  its  said  rail- 


road to  Fort  Smith  aforesaid,  in  and  to  any  land  or  lands 

granted  by  the  Acts  of  Congress  aforesaid,  or  which  the  o-ranted  by 

party  of  the  first  part  now  has  or  may  hereafter  acniuire  under  and  ac- 

. ..  j quired  from  Indian 

or  by  Virtue  of  anv  treaty  or  treaties  from  any  Indian  Nations. 


nation  or  tribe,  or  otherwise  howsoever,  aiqiertaining  to  the 

aforesaid  branch  or  extension,  together  with  all  the  rights, 

lirivileges,  tenements,  hereditaments,  and  a})purtenaees,  in 

anywise  belonging  or  aiiiicrtaining  thereto,  the  land  granted,, 

c CT'  1 I o r-  Congressional 

under  said  Acts  of  Congress  being  ten  alternate  sections  of  land  Grant,  10  Alternate 

O O 

on  each  side  of  said  railroad. 


Sections. 


To  Have  and  to  Hold,  all  and  singular  tlie  above  mentioned  To  have  and  to  hold, 
and  described  premises,  right,  franchise,  railroad,  and  real  and 
personal  property,  unto  the  said  jiarty  of  the  second  i)art,  its 
successor,  or  successors  and  assignee,  in  trust  and  for  the 
uses,  intents  and  inirposes  hereinafter  expressed  and  declared 
of  and  concerning  the  same;  that  is  to  say  : 


Trusts  declared. 


AirriCLE  First.  — Xo  One  of  the  said  Ronds  shall  be 
deemed  issued,  or  be  valid  or  secured  ])v  this  mortgage,  until 
there  shall  have  been  indorsed  iq)on  it  a certificate  duly  signed 
by  the  party  of  the  second  part,  its  successor  or  successors  in 
this  trust,  to  the  effect  following,  viz.:  “The  within  bond  Trustees’ Certiiicate 
one  of  a further  issue  of  two  thousand  bonds  under  and  in 
pursuance  of  Article  Tenth  of  the  Consolidated  Mortgage  made 
by  the  Missouri,  Kansas  and  Texas  Railway  Company,  and  is 
secured  thereby  and  by  further  trust  deeds  or  mortgages  as  in 
said  article  iirovided.” 


240 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


Bonds,  how  issued  ARTICLE  SECOND.  — Twelve  Hundred  and  Fifty  of  said 
and  delnered.  Bonds,  being  those  numbered  from  sixteen  thousand  five  hun- 
dred and  one  to  seventeen  thousand  seven  hundred  and  fifty, 
both  inclusive,  shall  be  issued  and  forthwith  delivered  to  the 
party  of  the  first  part.  The  remaining  seven  hundred  and 
fifty  of  the  bonds  secured  hereby,  being  those  numbered  from 
seventeen  thousand  seven  hundred  and  fifty-one  to  eighteen 
thousand  five  hundred,  both  inclusive,  shall  be  issued  and  used 
for  the  construction  of  the,  extension  of  the  railway  of  the 
party  of  the  first  part,  from  a point  at  or  near  Fort  Gibson  to 
Fort  Smith  aforesaid,  a distance  of  eighty  miles.  Such  last 
named  bonds  shall  only  be  issued  and  delivered  to  the  party 
hereto  of  the  first  part  in  proportionate  amounts  and  upon  the 
completion  of  any  section  or  sections  of  said  road,  the  length 
of  which  completed  section  or  sections  shall  be  determined  by 
Upon  Certificate  of  certificates  of  the  Chief  Engineer,  the  General  Superin- 
Chief  Engineer,  etc. President  of  the  party  of  the  first  part; 

vided,  however,  that  when  any  contract  or  contracts  for  the 
construction  of  any  fifty  miles  of  such  extension  shall  be  made, 
a proportionate  amount  of  said  bonds  shall,  at  the  option  of 
the  party  of  the  first  part,  be  issued  and  delivered  to  it  by  the 
part 3^  of  the  second  part,  to  be  used  in  the  construction,  com- 
pletion, and  equipment  of  such  part  or  section  of  road;  and, 
provided  further,  that  all  or  any  part  or  portion  of  such  last 
mentioned  bonds  may  be  offered  for  sale  at  an^"  time  hereafter; 
and  in  case  sales  thereof  shall  be  made,  the  proceeds  shall  be 
received  by  the  party  of  the  second  part,  its  successor  or  suc- 
cessors in  this  trust,  and  proportionate  amounts  thereof , deter- 
mined in  like  manner,  shall  be  paid  to  the  party  of  the  first 
part  in  the  place  of  a deliveiy  of  bonds  as  herein  provided  for. 

Article  Third. — And  for  the  Purpose  of  Providing  a 
Sinking  Fund  for  the  redemption  of  the  bonds  secured  hereby, 
the  party  of  the  first  part  further  agrees  to  pay  to  the  party 
of  the  second  part,  its  successor  or  successors  in  this  trust,  on 
the  first  day  of  February,  in  the  year  one  thousand  eight  hun- 
dred and  seventy -five,  a sum  equal  to  one  per  cent.,  in  gold  coin 
aforesaid,  of  the  aggregate  principal  of  said  bonds ; and, 
also,  to  pay  on  or  before  the  first  day  of  February  in  every 
year  thereafter,  a like  sum,  and  interest  at  the  rate  of  seven 
per  cent.,  in  the  same  coin,  upon  all  })ayments  theretofore 
made,  such  payments  to  be  made  into  the  sinking  fund  created 
by  Article  Fifth  of  the  Consolidated  Mortgage  aforesaid,  and  to 


Proceeds  of  Bonds 
sold. 


Sinking  Fund. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


241 


be  applied  equally  and  alike  with  the  fund  thereby  created  to 
the  redemption  of  liW  the  bonds  of  the  party  hereto  of  the 
first  part. 

Article  Fourth.  — The  said  Party  of  the  First  Part  shall  of  less 

^ Denomination 

have  the  right,  at  its  option,  to  issue,  or  exchange  and  reissue,  than  $1000. 
either  or  any  of  the  bonds  hereby  secured,  in  subdivisions  of 
fifty,  one  hundred,  or  five  hundred  dollars  each,  in  such  form 
as  shall  be  approved  by  the  said  party  of  the  second  part,  such 
subdivision  bonds  to  be  authenticated  bj^  certificates  indorsed 
thereon,  duly  signed  by  the  said  party  of  the  second  part,  and 
each  of  them  to  bear  the  number  of  the  bond  to  which  it  shall 
belong;  and,  in  addition  thereto,  a letter  of  the  alphabet, 
commencing  with  the  letter  A for  the  first  subdivision  of  every 
bond  so  subdivided,  and  so  on  in  the  consecutive  order  of  the 
letters  of  the  alphabet  for  the  remaining  subdivisions  of  every 
such  bond. 

Article  Fifth. — The  Party  of  the  First  Part  doth  Ree^ister  of  Bonds 
, , , 1 -^1  i 1 j.  £ un^er  Consolidated 

hereby  further  covenant  and  agree  to,  and  with  the  party  of  ^Xo^tgage  of  1871. 
the  second  part  and  its  successor  or  successors  in  this  trust, 
that  the  party  of  the  first  part  shall  at  all  times  hereafter  keej) 
at  its  office  in  the  City  of  New  York,  and  at  such  other  [ilaces 
in  this  country"  or  in  Europe  as  it  may  hereafter  ajipoint,  a 
book  or  books,  which  shall  be  respectively"  designated  as 
“ The  Register  of  Bonds  issued  under  the  Cbnsolidated  Mort- 
gage; ” and  that  any  holder  of  any"  of  the  bonds  issued  under 
the  provisions  of  this  indenture  may  there  register  his  bonds 
upon  presenting  the  same ; and  that  when  a bond  is  so  regis- 
tered in  the  name  of  any"  person,  such  [lerson  shall  be  deemed  Registration  of 
and  regarded  as  the  owner  of  such  bond;  and  that  all  })ay"- 
ments  of  either  jirincipal  or  interest  thereon  shall  thereafter  be 
made  to  him  or  to  his  order  only";  and  that  such  })ayments 
to  him  or  to  his  order  shall  be  valid  })ay"ments  of  such 
principal  or  interest,  and  a discharge  to  the  party  of  the  first 

part,  to  the  extent  of  the  sums  so  riaid.  And  also,  that  such,,,  , „ . 

Change  of  Registra- 

registry  may  be  changed  iqion  iiresentation  of  the  bond  withtion. 
the  written  order  of  the  jierson  in  whose  name  it  is  registered, 
pro})erly  authenticated,  to  the  name  of  such  person  as  may  by" 
the  said  written  order  be  designated  for  the  purpose,  and  he 
shall  thereafter  be  deemed  and  regarded  as  the  owner  of  the 
bond  and  its  interest  coupQtis  under  the  same  circumstances 
and  conditions,  and  with  the  same  rights  as  the  prior  owner, 
including  the  right  to  change  the  registration  in  manner  afore- 


242 


TIIK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


said,  and  so  from  time  to  time,  as  the  owner  for  the  time 
being  may  desire;  and  that  the  registered  holder  may  also 
have  the  right  to  register  the  bond  as  payable  tf)  bearer,  in 
which  case  the  bonds  and  interest  coupons  shall  be  payable  to 
the  holder  presenting  the  same.  And  any  holder  of  a bond  so 
registered  as  payable  to  bearer  may  again  cause  it  to  be  registered 
in  his  name,  with  the  same  effect  as  the  firs!;  registration,  and 
successive  registrations  may  in  the  same  manner  be  made  from 
time  to  time,  as  may  be  desired;  and  also,  that  the  holder  of 
any  of  said  bonds  may,  at  his  option,  surrender  the  coupons 
attached  thereto  to  be  canceled,  in  which  case  interest  thereon 
will  thereafter  be  payable  to  him  or  his  order  only. 


Taxes,  etc.,  paid.  Akticle  Sixtii. — The  said  Party  of  the  First  Part 
hereby  further  agrees  that  it  Avill  pay  or  cause  to  be  paid  the 
bonds  herein  mentioned,  and'  the  interest  thereon  according 
to  the  terms  thereof,  and  all  taxes,  levies,  and  assessments 
imposed  and  assessed,  or  which  may  hereafter  be  imposed  or 
assessed  upon  the  premises,  franchises,  and  property  hereby 
conveyed  or  intended  so  to  be,  and  also  the  United  States 
Government  tax  upon  the  interest  payable  on  said  bonds  and 
each  of  them,  and  represented  by  the  coupons  annexed  to  said 
bonds,  and  will,  at  its  own  cost  and  expense,  do,  or  cause  to 
be  done,  all  things  necessary  to  preserve  and  keep  valid  and 
intact  the  lien  or  incumbrance  hereby  created. 


Default  continued 
for  Six  Months. 


Arts.  12,  13,  and  14  of 
Consolidated  Mort- 
gage, applicable. 


Article  Seventh.  — In  Case  Default  shall  he  made  in 
the  payment  of  any  interest  upon  either  of  said  bonds  when 
the  same  shall  become  due  and  payable,  or  in  the  payment  of 
any  sum  or  sums  of  money  hereinbefore  provided  to  be  made 
for  the  creation  of  said  sinking  fund,  and  such  default  shall 
continue  for  six  months  after  the  same  has  been  demanded, 
the  whole  principal  sum  mentioned  in  each  and  all  of  this  said 
further  issue  of  bonds  then  outstanding  shall,  at  the  option  of 
the  holders  of  a majority  in  interest  of  said  bonds,  forthwith 
become  due  and  payable,  and  thereupon  all  the  terms  and 
provisions  contained  in  Articles  Twelfth,  Thirteenth,  and 
Fourteenth  of  the  said  Consolidated  Mortgage  are  hereby 
made  applicable  to  such  further  issue  of  bonds,  secured  by 
this  trust  deed  or  mortgage,  and  to  all  the  projierty,  real, 
personal  and  mixed,  and  the  rights  and  franchises  hereby 
conveyed. 


Res^nation,  etc., 
of  Trustee. 


Article  Eiciitii.  — In  Case  of  the  Resignation,  removal, 
insolvency,  or  incapacity,  or  inability  for  any  other  reason,  of 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


24yj 


the  said  party  hereto  of  tlie  second  part  to  act  in  execution  of 
the  trust  hereb}"  created,  then  the  provisions  contained  in 
Article  Fifteenth*  of  said  Consolidated  Mort<>:ao;e,  for  the 
appointinent  of  a new  or  provisional  Trustee  or  Trustees,  are  cable, 
made  applicable  hereto. 

Article  Ninth.  — Tlie  Party  of  the  First  Part  shall  from  Covenant  for  further 
time  to  time,  and  at  all  times  hereafter,  and  as  often  as  there- 
unto  requested  by  the  party  of  the  second  part,  its  successor 
or  successors,  execute,  acknowledge,  and  deliver  all  such  fur- 
ther deeds,  conveyances,  and  assurances  in  the  law  for  the  bet- 
ter assuring  unto  the  party  of  the  second  part,  its  successor  or 
successors  in  the  trust  hereby  created,  upon  the  trusts  herein 
expressed,  the  lands,  railroad,  equipments,  and  appurtenances 
hereinbefore  conveyed  or  intended  so  to  be,  and  all  other 
property  and  things  whatsoever,  which  may  be  hereafter 
acquired  for  use  in  connection  with  the  same  or  iiny  part  thereof, 
and  all  franchises  now  held,  including  the  franchise  to  be  a 
corporation,  as  by  the  party  of  the  second  i)art,  its  successor 
or  successors,  or  by  their  counsel  learned  in  the  law,  shall  be 
reasonably  advised,  devised,  or  required. 


Article  Tenth.  — Provided,  Nevertheless,  and  it  is  hereby  Sale  of  Mortgaged 
further  agreed  })y  and  between  the  parties  hereto,  that  in  ease  ailway 

the  said  party  of  the  first  })art  shall  at  any  time  hereafter  desire 
to  grant,  bargain,  sell,  assign,  transfer,  and  set  over,  divest 
itself  of,  and  part  with  the  said  hereinbefore  described 
railroad,  being  the  aforesaid  extension  from  Fort  Gibson  to 
Fort  Smith  hereby  conveyed,  and  cor})orate  railroad  property, 
real,  i)ersonal,  or  mixed,  rights,  })owers,and  franchises,  or  any 
part  or  j)ortion  of  said  corporate  railroad  proi)erty,  real,  i)er- 
sonal  or  mixed,  rights,  powers,  and  franchises  hereinbefore 
described  and  conveyed  by  this  trust  deed  or  mortgage,  to  any 
other  corporation  or  cor})orations  authorized  by  law  to  })urchase 
and  take  the  same,  then  u})on  the  surrender  or  cancellation  of 
the  whole  of  such  further  issue  of  bonds  outstanding,  the  said 
party  of  the  second  part  shall  and  hereby  covenants  to  release 
the  whole  of  said  railroad  property  from  the  lien  and  operation 
of  this  trust  deed  or  mortgage,  and  to  cancel  and  satisfy  the  same,  Release  of  this  Mort- 
or  to  release  any  part  or  portion  of  said  railroad  pro[)erty,  less 
than  the  whole,  upon  the  surrender  or  cancellation  of  the  num- 
ber of  said  bonds  issued  in  proportion  to  the  [)art  or  {)ortion  of 
said  railroad  property  so  sold,  and  to  release  such  pjirt  or  portion 
from  the  lien  and  operation  of  this  trust  deed  or  mortgage. 


244 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


including  a release  of  a proportionate  amount  of  the  sinking 
fund  hereinbefore  provided  for  the  payment  of  said  bonds. 


Possession  to  remain  I^rovided  Always,  and  this  grant  and  conveyance  is  upon 
with  Railway  Com-  the  express  Condition  that  until  some  default  shall  be  made  in 
panj,  u , . the  performance  or  observance  of  the  conditions,  obligations, 

or  requirements  herein  contained,  the  said  party  of  the  first 
part  shall  be  permitted  to  possess,  manage,  operate,  and  enjoy 
all  the  said  railroads,  with  their  equipments  and  appurtenances, 
and  all  other  the  lands  and  premises,  property,  and  franchises 
hereinbefore  described;  and  that  upon  the  payment  in  full  of 
Defeasanc  said  bonds,  and  the  interest  due  thereon,  then  the  estate,  title, 

and  interest  hereby  granted  shall  cease,  determine,  and  be 
void ; and  the  said  party  of  the  second  part,  its  successor  or 
successors  in  this  trust,  shall  convey,  assign,  transfer,  and 
deliver  over  to  said  party  of  the  first  part,  and  its  successors, 
all  the  said  railroads,  their  equipments,  and  appurtenances, 
and  all  moneys,  notes,  bills,  bonds,  mortgages,  choses  in 
action,  and  })roperty,  real,  personal,  and  mixed,  and  things  of 
value  remaining  in  its  possession,  and  shall  duly  execute  and 
Release  of  this  Mort- deliver  to  the  said  part}^  of  the  first  part  a proper  release  or 


gage. 


satisfaction  of  this  mortgage. 


In  Witness  Whereof,  the  said  party  of  the  first  part 
has  caused  its  corporate  seal  to  be  hereunto 
affixed,  and  the  same  to  be  attested  by  the  sig- 
natures of  the  President  and  Secretary  ; and  the 
said  party  of  the  second  part,  to  evidence  its 
acceptance  of  the  trust  hereby  created,  has  also 
caused  its  corporate  seal  to  be  hereunto  affixed, 
and  the  same  to  be  attested  by  the  signatures  of 
its  President  and  Secretary,  the  day  and  year  first 
above  written. 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 


FURTHER  ADDITIONAL  MORTGAGE, 

JUNE  I,  1873. 

THIS  INDENTURE,  made  the  first  day  of  June,  one  Parties, 
thousand  eight  hundred  and  seventy-three,  between  the  Mis- 
souri, Kansas  and  Ti:xas  Railway  Coaipany,  of  the  one 
part,  and  the  Union  Trust  Coaipany,  of  New  York,  of  the 
other  part. 

Whereas,  the  said  party  of  tlie  first  part  did  heretofore,  Mortgage  of  Feb.  1, 
and  on  or  a})out  the  first  day  of  Feliruary,  one  thousand  eiglhJ^'^* 
hundred  and  seventy-one,  duly  make,  execute,  and  deliver  unto 
the  said  party  of  the  second  part,  a certain  trust  deed  or  Con- 
solidated ^lortgage,  Avdierehy  tlie  said  party  of  tlie  first  part 
did  duly  grant,  bargain,  sell,  assign,  transfer,  and  convey  unto 
the  said  party  of  the  second  })art,  all  the  pro})erty,  both  real 
and  })ersonal  and  mixed,  and  all  the  corporate  rights,  powers, 
franchises,  Jind  privileges  th(‘rein  fully  set  forth  and  described, 
to  liave  and  to  hold  the  same  unto  tlie  sa  idi  lartyof  the  second 
part,  its  successor  or  successoi-s  and  assigns,  in  trust  to  secure 
the  pa3unent  of  bonds  in  the  sum  [of]  one  thousand  dollars  (*ach, 

amounting  to  the  aggregate  iirineipal  sum  of  fourt(‘en  millions secure  $14,000, 
r.  1 M 1 . ,000  of  Bonds, 

ot  dollars,  and  numbered  from  one  to  tourteen  thousand,  both 

inclusive,  and  for  the  uses,  intents  and  pur})oses  in  the  said 

indenture  of  mortgage  fully  exjirc^ssi^ and  declared,  as  by 

reference  thereto,  now  being  in  the  eustod}^  of  the 

party  of  the  second  part,  and  also  dul^^  recorded  among  other 

places,  in  the  office  of  the  R(*corder  of  the  ('ount\"  of  Pettis, 

in  the  Sbite  of  Missouri,  will  more  fully  and  at  large  appear  ; 

And  Wlioreas,  among  the  other  terms,  provisions,  and  , , ^ , 

” ’ ’ Art.  10  of  Alortgagt 

articles  in  the  said  indenture  of  mortgage  contained,  the  t(*nth  of  Feb.  1,  1871. 
article  therein  is  in  the  words  following,  that  is  to  say  : 

“Article  Tenth.  — It  is  further  Mutually  A}*ree<l,  by 
and  ))etween  the  [)arties  hereto,  tlnit  if  the  said  part}'  of  the  first 

( 245  ) 


24G 


THE  MISSOUKI,  KANSAS  AND  TEXAS  KATLWAY. 


Bonds 


upon 


part  shall  hereafter,  under  any  right  or  franchises,  now  owned 
by  it  and  not  conveyed  by  this  trust  deed  or  mortgage,  further 
extend  its  said  road,  or  shall  under  any  right  or  franchise  now 
owned  or  hereafter  to  be  acquired,  construct  any  other  railroad 
or  railroads,  or  become  the  owner  of  any  other  railroad, 
already  constructed,  then  for  every  such  extension  and  every 
such  railroad  constructed  or  to  be  constructed,  a further  issue  of 
bonds  may  be  made  hereunder  by  the  said  party  of  the  first 
part,  the  aggregate  amount  of  which  shall  not  exceed  the  rate 
of  twenty  thousand  dollars  for  every  mile  of  road,  where 
$*>5^000  perMUe  shall  not  have  been  granted  by  any  State,  or  by  the 

United  States,  to  aid  in  the  construction  thereof,  and  twenty-five 
thousand  dollars  per  mile  in  all  cases  where  lands  shall  have  been 
so  granted ; such  bonds  to  be  issued  in  the  same  proportions  and 
upon  the  same  conditions  as  hereinbefore  provided  in  Article 
Fourth  for  the  issue  of  the  bonds  to  which  said  Article  relates, 
and  in  case  said  bonds  are  sold,  the  proceeds  to  be  paid  over, 
as  also  in  said  Article  provided.  And  all  such  bonds  shall  be 
of  the  same  tenor  as  that  provided  for  in  the  form  of  bonds 
as  hereinbefore  set  forth,  subject  only  to  necessary  variation  as 
to  the  distino^uishiiw  numbers  and  the  dates  thereof,  and  shall 
bear  numbers  running  from  number  fourteen  thousand  upward. 
Sinking  Fund.  and  shall  be  entitled  to  the  benefit  of  a sinking  fund,  to  be 
created  in  the  same  manner  as  is  hereinbefore  provided.  And 
the  said  party  of  the  first  part  hereby  agrees,  to  execute  and 
deliver  to  the  said  party  of  the  second  part,  its  successor  or 
successors,  upon  every  such  further  issue  of  bonds  any  further 
Morto:age  to  secure  reasonable  and  necessary  trust  deed  or  mortgage  to  bring  and 
subject  to  the  conditions  of  these  presents  every  such  extended 
or  future  acquired  road,  and  every  other  land  or  property, 
real  or  personal,  that  may  hereafter  be  acquired  by  it,  for  the 
purpose  and  with  the  intent  of  securing  the  payment  of  said 
bonds  composing  every  such  increased  issue,  as  well  as  the 
bonds  hereinbefore  described,  equally  and  alike  upon  the  prop- 
erty of  the  said  party  of  the  first  part,  with  the  interest  due 
and  to  grow  thereon,  and  the  payment  to  said  Trustee  of  the 
said  sinkiiiij  fund,  in  the  same  manner  as  if  all  said  bonds  had 
been  originally  secured  by  one  and  the  same  trust  deed  or 
mortgage.  Provided,  however,  that  if  any  railroad  or  rail- 
roads, which  may  hereafter  be  acquired  by  the  party  of  the 
first  part,  shall  at  the  time  of  such  accpiisition,  be  subject  to 
the  lien  of  any  trust  deed  or  mortgage  theretofore  made  to 
secure  bonds  then  outstanding,  no  more  bonds  shall  be  issued 


said  Bonds. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


247 


heVeunder  on  nny  sucli  railroad  or  railroads  than  such  an 
amount  as  shall,  together  with  such  outstanding  bonds,  be 
equal  to  the  rate  per  mile  hereinbefore  mentioned ; but 
bonds  may  be  issued  hereunder  on  any  such  railroad  or 
railroads  in  exchange  for  an  equal  amount  of  such  outstand- 
ing bonds.” 

And  Whereas,  after  the  execution  and  delivery  of  the  cer- 
tain trust  deed  or  Consolidated  Mortgage  by  the  party  of  the 
first  part  to  the  party  of  the  second  part,  bearing  date  the  first 
day  of  February,  one  thousand  eight  hundred  and  seventy-one, 
the  said  party  of  the  first  part  did  acquire  and  become  owner 
of  certain  other  corporate  railroad  rights  and  franchises  and 
property,  real  and  personal,  and  did  thereupon  proceed  to 
make  a further  issue  of  its  bonds  under  and  in  pursuance  of 
Article  Tenth  of  the  Consolidated  ^Nlorto^afje  hereinbefore 
recited,  being  a further  issue  of  two  thousand  five  hundred 
bonds  in  the  sum  of  one  thousand  dollars  each,  amounting  to  the 
aggregate  principal  sum  of  two  millions,  five  hundred  thousand 
dollars,  and  numbered  from  fourteen  thousand  and  one  to 
sixteen  thousand  five  hundred,  both  inclusive,  and  did  there- 
upon make,  execute,  and  deliver  to  the  party  hereto  of  the 
second  part  an  additional  trust  deed  or  mortgage,  bear- Additional  Mortgage 
ing  date  the  first  day  of  dune,  onetliousand  eight  iian(b*e(l  and 
seventy -two,  whereby  the  said  party  of  the  first  i)art  did  bring 
in  the  said  certain  other  corporate  railroad  riglits  and  fran- 
chises and  pro})erty,  reid  and  })ersonal,  whicli  the  said  party 
of  the  first  part  did  so  acMpiire,  for  the  purpose  and  with  the 
intent  of  securing  the  payment  of  the  said  further  issue  of 
bonds  ecpially  and  alike  iq)on  the  i)roperty  of  the  said  party  of 
the  first  part,  as  b}"  refercmce  to  the  said  trust  deed  or  mort- 
gage, now  being  in  the  pro})er  custody  of  the  party  hereto  of 
the  second  part,  and  duly  recorded,  will  fully  and  at  large 
appear; 

And  AVliereas,  since  the  execution  and  delivery  of  the  said  Puruhase  of  Hanni- 
trust  deed  or  Consolidated  Mortgage,  bearing  date  the  first  day  Central  Mo. 
of  February  onetliousand  eight  hundred  and  seventy-one  and 
of  the  said  additional  trust  deed  or  mortgage,  bearing  date  the 
first  day  of  June,  one  thousand  eight  hundred  and  seventy- 
two,  the  said  iiarty  of  the  first  jiart  has  purchased  and 
become  the  owner  of  the  Hannibal  and  Central  Missouri 
Railroad,  together  with  the  corporate  rights,  iiowers,  })rivi- 
leges,  franchises  and  other  pro[)erty,  real  and  personal 


248 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


thereto,  and  to  the  Hannibal  and  Central  Missouri  Railroad 
Company  belonging,  as  the  same  is  hereinafter  more  fully 
described ; 


Hannibal  & Central  Whereas,  the  said  Hannibal  and  Central  Missouri 

Mo. E.  R. First Mort-I^ailroad  Company  did  heretofore  make  and  issue  their  bonds, 

gage,  April  20,1870  . f i , 

to  secure  $1,100,000  bearing  date  the  second  day  of  May,  one  thousand  eight  hun- 

of  Bonds.  dred  and  seventy,  in  the  sum  of  one  thousand  dollars  each, 

amounting  to  the  aggregate  principal  sum  of  eleven  hundred 
thousand  dollars,  and  numbered  from  one  to  eleven  hundred, 
both  inclusive,  each  of  said  bonds  being  payable  to  R.  F.  Lake- 
man,  Esquire,  or  bearer,  at  the  agency  of  said  Company  in  the 
City  of  New  York,  on  the  first  day  of  May,  one  thousand  eight 
hundred  and  ninety,  with  interest  thereon  at  the  rate  of  seven 
per  cent,  per  annum,  payable  half  yearly,  and  to  secure  the 
payment  of  the  principal  and  interest  of  said  bonds,  did  make, 
execute,  and  deliver  to  the  Farmers’  Loan  and  Trust  Com- 
pany of  the  City  of  New  York,  a certain  trust  deed  or 
mortgage  bearing  date  the  twentieth  day  of  April,  one  thou- 
sand eight  hundred  and  seventy,  conveying  the  railroad  of 
said  Company  with  its  franchises  and  property,  real  and  per- 
sonal, thereto  belonging,  as  by  reference  to  said  trust  deed  or 
mortgage,  duly  recorded  in  the  Recorder’s  offices  of  the 
Counties  of  Randolph,  Ralls,  Monroe,  and  Marion,  in  the 
State  of  Missouri,  will  fully  appear; 


Hannibal  and  Cent.  And  Whereas,  the  said  Hannibal  and  Central  Missouri 
Mortgage,  Feb’y.  1,  Railroad  Company  did  heretofore  make  and  issue  certain 
Joo\f^Bond7  others  of  their  bonds  bearing  date  tlie  first  day  of  February, 
one  thousand  eight  hundred  and  seventy-two,  in  the  sum 
of  one  thousand  dollars  each,  amounting  to  the  aggregate 
principal  sum  of  two  hundred  and  fifty  thousand  dollars,  and 
numbered  from  one  to  two  hundred  and  fifty,  both  inclusive, 
each  of  said  bonds  being  payable  to  A.  R.  Baylis,  or  bearer, 
at  the  office  of  said  Company  in  the  City  of  New  York,  on  the 
first  day  of  May,  one  thousand  eight  hundred  and  ninety-two, 
with  interest  thereon  at  the  rate  of  seven  per  cent,  per  annum, 
payable  half  yearly,  and  to  secure  the  payment  of  the  princi- 
pal and  interest  of  said  bonds,  did  make,  execute,  and  deliver 
to  the  New  York  Guaranty  and  Indemnity  Company  of  the 
City  of  New  York  a second  trust  deed  or  second  mortgage, 
bearing  date  the  first  day  of  February,  one  thousand  eight 
hundred  and  seventy-two,  conveying  the  railroad  of  said  (\)m- 
pany  with  tln^  franchises  and  property,  real  and  jiersonal, 


rilE  MI8S01T1U,  KANSAS  AND  TEXAS  IIAILWAV. 


241) 


thereto  belonging,  as  by  reference  to  said  second  trust  deed  or 
second  mortgage,  duly  recorded  in  the  Recorder’s  offices  of  the 
Counties  of  Monroe,  Marion,  Ralls,  and  Randolph,  in  the 
State  of  Missouri  will  fully  appear; 

And  Whereas,  of  the  thirteen  hundred  and  fifty  first  and  Exchange  of  Han.  & 
second  mortfja^e  bonds,  so  as  aforesaid  made  and  issued  by  the 

® o ...  Seconds. 

Hannibal  and  Central  Missouri  Railroad  Company,  and 
amounting  in  the  aggregate  to  the  principal  sum  of  thirteen 
hundred  and  fifty  thousand  dollars,  and  so  secured  as  afore- 
said, ei^ht  hundred  of  said  bonds  amountino^  to  the  atjojreo^ate 

• • 1 ^ u a 1 4.U  1 ^ n WOOO 

principal  sum  of  eight  hundred  thousand  dollars,  are  still  out- outstanding. 

standing  and  are  to  be  exchanged  for  bonds  equal  in  amount  of 

the  party  of  the  first  part  hereto,  issued  under  and  secured 

by  this  trust  deed  or  mortgage  ; 

And  Whereas,  the  said  railroad  of  the  Hannibal  and  Cen- Han.  & Cent,  Mo.  R. 
tral  Missouri  Railroad  Company,  extending  from  its  eastern 
terminus,  in  the  City  of  Hannibal,  in  the  State  of  Missouri, 
westwardly  through  the  Counties  of  Marion,  Ralls,  and  Monroe 
to  its  terminus  in  the  town  of  Moberly,  in  the  County  of  Ran- 
dolph, in  said  State,  being  seventy  miles  in  length,  has  been 
heretofore  constructed  and  is  now  maintained  and  in  oiiera- 
tion ; 

And  Wliereas,  lands  have  not  been  granted  by  any  State  iso  Lands  granted 
or  by  the  United  States  to  aid  in  the  construction  of  said^®*^'^’ 
railroad ; 


And  Wliereas,  the  said  party  of  the  first  ])art  for  the  pur- Additional  Bonds 
pose  of  meeting  the  obligations  incurred  by  it  in  the  purchase  Jff-^Qon^sofiXw  * 
of  the  said  railroad  and  other  property  of  the  Hannibal  and 
Central  Missouri  Railroad  Company,  has  resolv(‘d  to  make  a 
further  issue  of  bonds  under  and  by  virtue  of  the  right  and 
privilege  reserved  in  and  by  the  said  Article  d’enth  herein- 
before set  forth  and  recited,  which  said  bonds  shall  be  in  the 
sum  of  one  thousand  dollars  each,  amountiim  to  the  aijjrretrate 
principal  sum  of  one  million,  four  hundred  thousand  dollars  Bonds for$l, 400, 000. 
and  numbered  from  sixteen  thousand  five  hundred  and  one  to 
seventeen  thousand,  nine  hundred,  both  inclusive,  and  being  at 
the  rate  of  twenty  thousand  dollars  for  every  mile  of  the  rail- ^20,000  per 
road  so  purchased  by  the  party  of  the  first  part ; Jind  that  each 
of  said  bonds  shall  be  in  the  words  and  fiijjures  followinir,  sub- 
ject  only  to  necessary  variation  as  to  the  distinguishing  num- 
bers and  Jimount  thereof; 


250 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


United  States  of  America, 

Form  of  Bond.  ' StATES  OF  KANSAS  AND  MISSOURI. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 

First  Mortgage,  Seven  per  Cent.,  Land  Grant  and  Sinking 
Fund  Gold  Bond. 

No.  $1,000. 

Free  of  U.  S.  Government  Tax. 


Know  all  Men  by  These  Presents,  that  the  Missouri, 
Kansas  and  Texas  Railway  Company  is  indebted  to  the 
Union  Trust  Company  of  New  York,  or  bearer,  in  the 
sum  of  one  thousand  dollars  in  gold  coin  of  the  United  States, 
which  the  said  Railway  Company  promises  to  pay  to  the  bearer 
hereof,  on  the  first  day  of  June,  in  the  year  nineteen  hundred 
and  six,  in  the  City  of  New  York,  with  interest  thereon  from 
the  date  hereof  at  the  rate  of  seven  per  cent,  per  annum,  pay- 
able in  gold  coin  aforesaid,  semi-annually,  at  its  office  or 
agency  in  the  City  of  New  York,  on  the  first  days  of  August 
and  February  in  each  year,  upon  the  presentation  and  sur- 
render of  the  coupons  hereto  attached,  as  the}^  severally 
become  due,  as  provided  therein;  and  in  case  of  default  in  the 
payment  of  any  half  yearly  installment  of  interest,  which 

Default  Continued  shall  have  become  due  and  been  demanded,  and  such  default 
for  Six  Months.  . , . 

shall  have  continued  six  months  after  demand,  the  principal  of 

this  bond  shall  become  due  in  the  manner  and  with  the  effect 
provided  for  in  the  trust  deeds  or  mortgages  hereinafter  men- 
tioned. 

Additional  Series  of  This  bond  is  oiie  of  a further  issue  of  bonds  numbered  con- 
to  17,900.  ’ secutively  from  sixteen  thousand  five  hundred  and  one  to 

seventeen  thousand  nine  hundred,  both  inclusive,  each  for  the 
sum  of  one  thousand  dollars,  amounting  in  the  aggregate  to  the 
sum  of  one  million  four  hundred  thousand  dollars,  all  of  which 
are  of  like  tenor,  date,  and  effect,  and  such  further  issue  is 
made  pursuant  to  Article  Tenth  of  a certain  trust  deed  or 
mortgage,  dated  the  first  day  of  February,  in  the  year  eigh- 
teen hundred  and  seventy-one,  duly  executed  and  delivered 
by  the  said  Railway  Company  and  recorded  in  the  proper 
offices  in  the  States  of  Missouri,  Kansas  and  elsewhere,  and 
conveying  to  the  said  Union  Trust  Company,  of  New  York,  in 
trust,  the  corporate  iirojierty,  real  and  personal,  of  the  part}^ 
of  the  first  part  therein  described,  and  all  its  franchises  and  the 


Seven  per  Cent.  — 
Gold  — Principal 
and  Interest. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


251 


privileges  appertaining  thereto,  as  set  forth  in  said  trust  deed 

or  mortgage ; and  this  further  issue  of  bonds,  together  with 

the  sixteen  thousand  five  hundred  bonds  above  named,  are 

secured  equally  and  alike  thereby,  and  by  another  trust  deed  Additional  Mort- 
1-1  1 - i /•  T 1 • li  gage,  June  1, 1872. 

or  mortgage  bearing  date  the  first  day  ot  J une,  one  thousand  eight 

hundred  and  seventy -two,  and  also  by  another  trust  deed  or 

mortgage  bearing  date  the  first  day  of  June,  one  thousand 

eight  hundred  and  seventy-three ; all  duly  executed  and 

delivered  by  the  said  Railway  Company,  and  duly  recorded, 

conveying  to  the  said  Trust  Company,  the  corporate  property, 

real  and  personal,  therein  severally  described. 

This  bond  is  entitled  to  the  benefit  of  a sinking  fund  as  pro- Sinking  Fund, 
vided  by  said  trust  deeds  or  mortgages,  whereby  the  principal 
of  said  bonds  will  be  redeemed  in  thirty-three  years  from  the 
date  hereof.  Bonds  equal  in  amount  to  the  accumulations  in 
said  sinking  fund  will  be  redeemed  at  their  jiar  value  annually.  Redemption  of 
commencing  after  the  first  day  of  February,  one  tliousand 
eight  hundred  and  seventy-six.  Notice  of  the  numbers  of  the 
bonds  so  allotted  for  redemption  will  be  published  in  two  or 
more  daily  newspapers  printed  in  the  City  of  New  York,  for 
sixty  days,  at  the  expiration  of  which  time  interest  thereon 
shall  cease. 

This  bond  shall  ])ass  by  delivery  or  by  transfer  on  the  books  ttegistration  and 
of  the  Company  in  the  City  of  New  York,  and  such  other 
places  in  this  country  and  in  Europe  as  said  Company  may 
hereafter  designate.  After  a registration  of  ownership,  certi- 
fied hereon  by  the  Secretary  of  the  Company  or  its  Transfer 
Agent,  no  tninsfer,  exce})t  on  the  books  of  the  Com})any  shall 
be  valid,  unless  the  last  transfer  shall  have  been  to  bearer; 
the  l)ond  to  be  entitled  to  successive  rei^istrations  and  transfers 
to  bearer  at  the  o})tion  of  each  holder,  and  other  privileges  in 
that  behalf  mentioned  in  said  trust  deeds  or  mortgages. 

This  bond  shall  not  become  obligatory  until  it  shall  have  Cortification. 
been  authenticated  by  a certificate  indorsed  hereon,  duly  exe- 
cuted by  the  Trustee  aforesaid,  to  the  effect  that  the  same  is 
properly  issued. 


In  Witness  Wliereof,  the  said  Missouni,  Kansas  and 
Tkxas  Railway  C.'omi*any  has  caused  these  pres- 
ents to  be  executed  by  its  President  and  Secre- 
tary, and  its  corporate  seal  to  be  hereto  aflixed 
this  first  day  of  June,  A.  D.,  eighteen  hundred 
seventy-three. 


, Secretary . 


, Preddeyit. 


252 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Further  Additional 
Mortgage. 


This  Indenture 
conveys 


Koad  from  Hannibal 
to  Moberly,  70  Miles. 


Lands,  etc. 


Buildings,  etc. 


Rolling  Stock,  etc. 


And  Wliereas,  the  said  party  of  the  first  i)art,  in  pursuance 
of  its  agreement  contained  in  Article  Tenth  aforesaid,  and 
subject  to  the  restrictions  in  said  article  contained,  is  desirous 
of  executing  and  delivering  to  the  said  party  hereto  of  the 
second  part,  upon  such  further  issue  of  bonds,  a further  trust 
deed  or  mortgage,  conveying  the  property  hereinafter 
described  and  so  acquired  as  aforesaid,  for  the  purpose  and 
with  the  intent  of  securing  the  payment  of  the  said  bonds 
composing  such  further  issue,  according  to  the  tenor  and  effect 
of  the  provision  in  the  said  article  contained. 

Now,  Therefore,  this  Indenture  Witnesseth,  that  the  said 
party  hereto  of  the  first  part,  for  and  in  consideration  of  the 
premises,  and  of  the  sum  of  one  dollar  to  it  duly  paid  by  the 
party  hereto  of  the  second  part,  and  in  order  to  secure  the 
payment  of  the  principal  and  interest  of  the  said  further  issue 
of  bonds,  according  to  the  tenor  thereof,  hath  granted,  bar- 
gained, sold,  assigned,  transferred,  and  conveyed,  and  by 
these  presents  doth  grant,  bargain,  sell,  assign,  transfer,  and 
convey,  unto  the  said  party  of  the  second  part,  its  lawful  suc- 
cessor or  successors  in  the  trust  hereby  created  and  assigns  : — 

First. — The  Entire  Railroad  of  and  belonging  to  the  said 
party  of  the  first  part,  situate,  lying,  being,  and  extending 
from  its  eastern  terminus  in  the  City  of  Hannibal,  in  the  State 
of  Missouri,  westwardly  through  the  Counties  of  Marion, 
Ralls,  and  Monroe,  to  its  eastern  terminus  in  the  town  of 
Moberly,  in  the  County  of  Randolph,  as  the  same  has  been 
heretofore,  and  is  now  constructed,  maintained,  and  operated, 
being  seventv  miles  in  length. 

Second.  — All  Lands  and  Real  Estate  of  every  kind  and 
nature,  and  wheresoever  the  same  may  be  situate,  of  or  be- 
longing to  the  said  party  of  the  first  part,  and  owned,  used, 
occupied  and  enjoyed  in  the  construction,  maintenance  and 
operation  of  said  railroad,  together  with  all  depots,  station- 
houses,  freight-houses,  car-houses,  machine-shops,  cattle-yards, 
and  all  other  buildings,  erections,  tenements,  structures,  and 
fixtures,  and  all  machinery,  tools,  rails,  ties,  tracks,  bridges, 
viaducts,  culverts,  fences  or  other  constructions  or  super- 
structures to  the  said  railroad  belonging  or  in  any  wise 
appertaining,  including  all  locomotives,  tenders,  cars,  and 
other  rolling  stock  and  equipments  now  owned  or  used  in 
the  operation  of  said  railroad,  or  which  may  be  hereafter 
acquired. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


253 


Third.  — All  the  Franchises,  Rights,  Powers,  and  Privi- Franchises,  etc. 
leges  of  or  belonging  to  the  said  party  of  the  first  part  pertain- 
ing to  the  railroad  hereby  conveyed,  and  all  easements  or  other 
incorporeal  rights,  however  acquired  or  conferred,  and  all 
other  property,  real,  personal,  or  mixed,  owned,  used,  occu- 
pied or  enjoyed,  or  which  may  hereafter  be  acquired,  owned 
and  used  by  the  said  party  of  the  first  part  in  or  about  the 
construction,  maintenance,  and  operation  of  said  railroad, 

To  Have  and  to  Hold,  all  and  singular  the  above  To  have  and  to  hold 
mentioned  and  described  premises,  rights,  franchises,  railroads 
and  real  and  personal  property,  unto  the  said  party  of  th^ 
second  part,  its  successor  or  successors,  and  assigns,  in 
trust  and  for  the  uses,  intents,  and  purposes  hereinafter’ 
expressed  and  declared  of  and  concerning  the  same,  that  is  to  Trusts  declared, 
say: 

Article  First.  — Xo  One  of  the  said  Bonds  shall  be  deemed  Trustee’s  Certificate, 
issued,  or  be  valid  or  secured  by  this  mortgage,  until  there 
shall  have  been  indorsed  upon  it  a certificate  duly  signed  by 
the  party  of  the  second  part,  its  successor  or  successors  in  this 
trust,  to  the  effect  following,  viz. : “ The  within  bond  is  one  of 
a further  issue  of  fourteen  hundred  bonds  under  and  in  jiursu- 
ance  of  Article  Tenth  of  the  Consolidated  Mortgage  made  bv 
the  Missouri,  Kansas  and  Texas  Railway  Comi‘any,  and  is 
secured  thereby  and  by  further  trust  deeds  or  mortgages  as  in 
said  Article  jirovided.” 

Article  Second. — Eight  Hundred  nf  said  Bonds,  being soo  Bonds  for  Ex* 
those  numbered  from  sixteen  thousand  five  huiulred  ancl  one 
to  seventeen  tliousand  three  hundred,  both  inclusive,  shall  be  aud  Seconds, 
issued  and  used  only  in  exchange  indiscriminately  for  first  and 
second  mortgage  bonds  eciual  in  amount  and  now  outstanding, 
heretofore  issued,  as  hereinbefore  recited,  by  the  Hannibal  and 
Central  Missouri  Railroad  Company,  and  thereiq)on  the  bonds 
so  received  in  exchange  shall  be  cancelled  by  the  liarty  hereto 
of  the  second  part,  and  delivered  to  the  party  hereto  of  the 
first  part,  and  the  two,  the  several  trust  deeds  or  mortgages 
above  recited,  shall  thereiqion  be  duly  satisfied  and  discharged  Satisfaction  of  Mort- 
of  record. 

Article  Third.  — 8ix  Hiiiulred  of  the  Boiuls  h(*reby  secured  fiOO  Bonds  for 
being  those  numbered  from  seventeen  thousand  three  hundred 
and  one  to  seventeen  thousand  nine  hundred,  both  inclusive, 
shall  be  issued  and  forthwith  delivered  to  the  party  of  the  first 
liart. 


254 


THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY 


Sinking  Fund. 


Redemption  of 
Bonds. 


Subdivisions  of 
Bonds. 


Registry  of  Consoli- 
dated Mortgage 
Bonds. 


Article  Fourth. — And  for  the  Purpose  of  Providing  a 
Sinking-Fund  for  the  redemption  of  the  bonds  secured  hereby, 
the  party  of  the  first  part  further  agrees  to  pay  to  the  party 
of  the  second  part,  its  successor,  or  successors,  in  this  trust,  on 
the  first  day  of  February,  in  the  year  one  thousand  eight  hun- 
dred and  seventy-six,  a sum  equal  to  one  per  cent,  in  gold  coin 
aforesaid,  of  the  aggregate  principal  of  said  bonds;  and  also 
to  pay  on  or  before  the  first  day  of  February,  in  every  year 
thereafter,  a like  sum  and  interest  at  the  rate  at  seven  per 
cent,  in  the  same  coin,  upon  all  payments  theretofore  made, 
such  payments  to  be  made  into  the  sinking  fund  created  by 
Article  Fifth  of  the  Consolidated  Mortgage  aforesaid,  and  to  be 
applied  equally  and  alike  with  the  fund  thereby  created  to  the 
redemption  of  all  the  bonds  of  the  party  hereto  of  the  first  part. 

Article  Fifth. — The  said  Party  of  the  First  Part  shall  have 
the  right,  at  its  option,  to  issue  or  exchange,  and  re-issue, 
either  or  any  of  the  bonds  hereby  secured  in  subdivisions  of 
fifty,  one  hundred  or  five  hundred  dollars  each,  in  such  form  as 
shall  be  approved  by  the  said  party  of  the  second  part,  such 
subdivision  bonds  to  be  authenticated  by  certificates  indorsed 
thereon,  duly  signed  by  the  said  party  of  the  second  part,  and 
each  of  them  to  bear  the  number  of  the  bond  to  which  it  shall 
belong,  and  in  addition  thereto,  a letter  of  the  alphabet,  com- 
mencing with  the  letter  A for  the  first  subdivision  of  every 
bond  so  subdivided,  and  so  on  in  the  consecutive  order  of  the 
letters  of  the  alphabet  for  the  remaining  subdivisions  of  every 
such  bond. 

Article  Sixth.  — The  Party  of  the  First  Part  doth  hereby 
further  covenant  and  agree,  to  and  with  the  party  of  the  sec- 
ond part,  and  its  successor  or  successors  in  this  trust,  that  the 
party  of  the  first  part  shall  at  all  times  hereafter  keep  at  its 
office  in  the  City  of  New  York,  and  at  such  other  places  in  this 
country  or  in  Europe  as  it  may  hereafter  appoint,  a book  or 
books  which  shall  be  respectively  designated  as  “ The  Regis- 
ter of  Bonds  issued  under  the  Consolidated  Mortgage  and 
that  aiw  holder  of  any  the  bonds  issued  under  the  provisions  of 
this  indenture  may  there  register  his  bonds  upon  presenting  the 
same ; and  that  when  a bond  is  so  registered  in  the  name  of  any 
person,  such  person  shall  be  deemed  and  regarded  as  the  owner  of 
such  bond;  and  that  all  payments  of  either  principal  or  interest 
thereon  shall  thereafter  be  made  to  him  or  to  his  order  only ; 
and  that  such  payments  to  him  or  to  his  order  shall  be  valid 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


255 


[)ayinents  of  such  principal  or  interest,  and  a discharge  to  the 

party  of  the  first  part  to  the  extent  of  the  sums  so  paid.  And 

also,  that  such  registry  may  be  changed  upon  presentation  of 

the  bond  with  the  written  order  of  the  person  in  whose  name 

it  is  registered,  properly  authenticated,  to  the  name  of  such 

person  as  may  by  the  said  written  order  be  designated  for  the 

purpose,  and  he  shall  thereafter  be  deemed  and  regarded  as  the 

the  owner  of  the  bond  and  its  interest  coupons,  under  the  same 

circumstances  and  conditions,  and  with  the  same  rights  as  the 

prior  owner,  including  the  right  to  change  the  registration  in  change  of  Registra- 

manner  aforesaid  and  so  from  time  to  time,  as  the  owner  for^^®”- 

the  time  being  may  desire  ; and  that  the  registered  holder  may 

also  have  the  right  to  register  the  bond  as  payable  to  bearer,  in 

which  case  the  bonds  and  interest  coupons  shall  be  payable  to 

the  holder  presenting  the  same.  And  any  holder  of  a bond  so 

registered  as  payable  to  bearer,  may  again  cause  it  to  be 

rejjistered  in  his  name,  with  the  same  effect  as  the  first  rejjistra- 

tion  ; and  successive  registrations  may  in  the  same  manner  be 

made  from  time  to  time,  as  may  be  desired  ; and  also  that  the 

holder  of  any  of  said  bonds  may,  at  his  option,  surrender  the 

coupons  attached  thereto  to  be  cancelled,  in  which  case  interest 

thereon  will  thereafter  be  payable  to  him  or  his  order  only. 

Article  Seventh. — The  said  Party  of  the  First  Part  faxes,  etc.,  to  be 
hereby  further  agrees  that  it  will  pay  or  cause  to  be  paid  the 
bonds  herein  mentioned  and  the  interest  thereon  according;  to 
the  terms  thereof , and  all  taxes,  levies,  and  assessments  imposed 
and  assessed,  or  which  may  hereafter  be  imposed  or  assessed 
upon  the  premises,  franchises,  and  proiierty  hereby  conveyed 
or  intended  so  to  be,  and  also  the  United  States  Government 
tax  ui)on  the  interest  payable  on  said  bonds  and  each  of  them 
and  represented  by  the  coupons  annexed  to  said  bonds,  and 
will,  at  its  own  cost  and  expense,  do,  or  cause  to  lie  done,  all 
things  necessary  to  preserve  and  keej)  valid  and  intact  the  lien 
or  incumbrance  hereby  created. 

Article  Eighth.  — In  Case  Oefavilt  shall  he  made  in  the  continued 

the  payment  of  any  interest  upon  either  of  said  lionds,  wheiU"^ 
the  same  shall  become  due  and  [layable,  or  in  the  payment  of 
any  sum  or  sums  of  money  hereinbefore  iirovided  to  be  made 
for  the  creation  of  said  sinking  fund,  and  such  default  shall 
continue  for  six  months  after  the  same  has  been  demanded,  the 
whole  {)rincipal  sum  mentioned  in  each  and  all  of  this  said  fur- 
ther issue  of  f)onds,  then  outstanding,  shall  at  the  option  of  the 
holders  of  a majority  in  interest  of  said  bonds,  forthwith 


256 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


become  clue  and  payable,  and  thereupon  all  the  terms  and 

Arts.  12  18  and  14  ofprovisiops  Contained  in  Articles  Twelfth,  Thirteenth,  andFour- 
Consolidated  Mort-  ^ 

gage  of  Feb.  1, 1871.  teenth  of  the  said  Consolidated  Mortgage,  are  hereby  made 
applicable  to  such  further  issue  of  bonds,  secured  by  this  trust 
deed  or  mortgage,  and  to  all  the  property,  real,  personal,  and 
mixed,  and  the  rights  and  franchises  hereby  conveyed. 

Resignation,  etc.,  of  ARTICLE  Nintii. — In  Case  of  the  Resignation,  removal, 

• • • • • 

insolvency,  or  incapacity  or  inability  for  any  other  reason,  of 
the  said  party  hereto  of  the  second  part  to  act  in  execution  of 
the  trust  hereby  created,  then  the  provisions  contained  in 
Article  Fifteenth  of  said  Consolidated  Morto^ag^e  for  the 
appointment  of  a new  or  provisional  Trustee  or  Trustees  are 
made  applicable  hereto. 


Covenant  for  further 
Assurance. 


Article  Tenth.  — The  Party  of  the  First  Part  shall,  from 
time  to  time,  and  at  all  times  hereafter,  and  as  often  as  there- 
unto requested  by  the  party  of  the  second  part,  its  successor 
or  successors,  execute,  acknowledge,  and  deliver  all  such 
further  deeds,  conveyances,  and  assurances  in  the  law  for  the 
better  assuring  unto  the  party  of  the  second  part,  its  successor 
or  successors  in  the  trust  hereby  created,  upon  the  trust  herein 
expressed,  the  lands,  railroad,  equipment,  and  appurtenances 
hereinbefore  conveyed  or  intended  so  to  be,  and  all  other 
property  and  things  whatsoever  which  may  be  hereafter 
acquired  for  use  in  connection  with  the  same  or  any  part 
thereof,  and  all  franchises  now  held,  including  the  franchise 
to  be  a corporation,  as  by  the  party  of  the  second  part,  its 
successor  or  successors,  or  by  their  counsel  learned  in  the  law, 
shall  be  reasonably  advised,  devised,  or  required. 


Possession  to  remain  Provided  always,  and  this  grant  and  conveyance  is  upon  the 
with  Ry.  Company,  express  condition,  that  until  some  default  shall  be  made  in  the 

until,  etc.  , „ . 

performance  or  observance  of  the  conditions,  obligations,  or 
requirements  herein  contained,  the  said  party  of  the  first  part 
shall  be  permitted  to  possess,  manage,  operate,  and  enjoy  all 
the  said  railroads  with  their  eipiipments  and  apimrtenances,  and 
all  other  the  lands  and  premises,  property  and  franchises  here- 
inbefore described;  and  that  upon  the  payment  in  full  of  said 
bonds,  and  the  interest  due  thereon,  then  the  estate,  title,  and 
interest  hereby  granted  shall  cease,  determine,  and  be  void; 
and  the  said  party  of  the  second  part,  its  successor  or  succes- 
sors in  this  trust,  shall  convey,  assign,  transfer,  and  deliver 
over  to  said  party  of  the  first  part,  and  its  successors,  all  the  said 
railroads,  their  eijuipments  and  apinirtenances,  and  all  moneys, 
notes,  bills,  bonds,  mortgages,  choses  in  action,  and  property, 


Defeasance. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


257 


real,  })ersonal,  and  mixed,  and  things  of  value  remaining  in  its 
possession,  and  shall  duly  exeeute  and  deliver  to  the  said  party 
of  the  lirst  part  a proper  release  or  satisfaction  of  this  mort- 


gage. 

Ill  Witness  Whereof,  the  said  party  of  the  lirst 
part,  has  caused  its  corporate  seal  to  be  here- 
unto affixed,  and  the  same  to  be  attested  by  the 


H.  B 


C.  T 


signatures  of  its  Vice-President  and  Secretary, 
and  the  said  party  of  the  second  part,  to  evidence 
its  acceptance  of  the  trust  hereby  created  has 
also  ^caused  its  corporate  seal  to  be  hereunto 
affixed,  and  the  same  to  be  attested  by  the  signa- 
tures of  its  Vice-President  and  Secretary  the 
day  and  year  first  above  written. 

Geo.  Denison,  Vice-President. 

Henson,  Secretary. 

Union  Trust  Company  of  New  York,  Trustee, 
By  Augustus  Schell,  Vice-President. 

Carlton,  Secretary. 


State  of  New  York, 

City  and  County  of  New  York. 

Beit  remembered  that  on  this  third  day  of  finly,  A.  D.,  Notarial  Certificate 
1873,  before  me,  Charles  Nettleton,  a commissioner  of  the 
State  of  Missouri  in  and  for  the  State  of  New  A'ork,  residing 
in  said  City  of  New  York,  personally  appeared  (jrcorge  Deni- 
son, the  Vice-President  of  the  Missouri,  Kansas  and  Texas 
Railway  Company  and  H.  B.  Henson,  the  Secretary  of  the 
same  Company,  to  me  resi)ectively  personally  known  to  be 
such,  who,  being  by  me  severally  duly  sworn,  did  depose  and 
say  that  he,  said  George  Denison,  resided  in  said  City  of  New 
York,  that  he,  said  H.  B.  Henson,  resided  in  Brooklyn,  in  said 
State  of  New  York;  that  he,  said  George  Denison,  was  the 
Vice-President,  and  he,  said  H.  B.  Henson  was  the  Secre- 
tary of  the  said  Company ; that  they  knew  the  cor})orate  seal 
of  said  company  ; that  the  seal  affixed  to  the  foregoing  instru- 
ment is  such  corporate  seal ; that  it  was  so  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  company,  and  that  they, 
the  said  George  Denison  and  H.  B.  Henson  signed  their  names 
thereto  by  the  like  order  as  President  and  Secretary  of  said 
Company,  resj)ectively , and  the  said  George  Denison  and  H. 

B.  Henson,  who  are  personally  known  to  me  to  be  the  same 
})ersons  whose  names  are  subscribed  to  said  instrument; 


258 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


acknowledged  the  same  to  be  their  own  act  and  deed,  and  the 
act  and  deed  of  said  company  for  the  purposes  therein  men- 
tioned. 


In  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal. 

Charles  Nettleton, 
Commissioner  for  Missouri  in  Neiv  York. 


State  of  New  York, 

City  and  County  of  New  York, 

Notarial  Certificate  Beit  remembered  that  on  this  third  day  of  July,  A.  D., 
of  Acknowledgment.  ^^73^  before  me,  Charles  Nettleton,  Commissioner  of  the  State 
of  Missouri  in  and  for  the  State  of  New  York,  residinof  in  said 
City  of  New  York,  personally  appeared  Augustus  Schell,  the 
Vice-President  of  the  Union  Trust  Company  of  New  York, 
an  incorporated  Company,  and  C.  T.  Carlton,  the  Secretary  of 
the  same  Compan}^  to  me  respectively  personally  known  to  be 
such,  who  being  by  me  severally  duly  sworn,  did  depose  and 
say  that  he,  said  Augustus  Schell  resided  in  said  City  of  New 
York,  that  he,  said  C.  T.  Carlton,  resided  in  Brooklyn,  in  said 
State  of  New  York,  that  he,  said  Augustus  Schell  was  the 
Vice-President,  and  he,  said  C.  T.  Carlton,  was  the  Secretary 
of  the  said  Company  ; that  they  know  the  corporate  seal  of  said 
Company ; that  the  seal  affixed  to  the  foregoing  instrument  is 
such  corporate  seal ; that  it  was  so  affixed  thereto  b}'  order  of  the 
Board  of  Directors  of  said  Company,  and  that  they,  the  said 
Augustus  Schell  and  C.  T.  Carlton,  signed  their  names  thereto 
by  the  like  order  as  Vice-President  and  Secretary  of  said  Com- 
pany respectively,  and  the  said  Augustus  Schell  and  C.  T. 
Carlton,  who  are  ]:)ersonally  known  to  me  to  be  the  same  per- 
sons whose  names  are  subscribed  to  said  instrument,  acknowl- 
edged the  same  to  be  their  own  act  and  deed,  and  the  act  and 
deed  of  said  Company  for  the  purposes  therein  mentioned. 

In  Witness  Whereof,  I have  hereunto  set  my  hand 

and  affixed  my  official  seal, 
f seal.  ) X- 

Charles  Nettleton, 
Commissioner  for  Missouri  in  Neio  York. 


[The  original  of  the  foregoing  instrument  was  filed  for 
record  in  the  office  of  the  Recorder  of  Deeds  for  the  County 
of  Marion,  State  of  Missouri,  August  27,  1873,  and  is  recorded 
in  said  office  in  Book  67  on  i)ages  17  to  27,  inclusive.  The 
foregoing  is  an  accurate  coj)y  of  the  insti’ument  as  there 
recorded.] 


EAST  LINE  & RED  RIVER  RAILROAD  COMPANY. 


V 

FIRST  MORTGAGE, 

JUNE  I,  1880 


THIS  INDENTURE,  made  the  first  day  of  June,  Anno  Parties. 
Domini,  one  thousand  eight  hundred  and  eighty,  by  and 
between  the  East  Line  and  Red  River  Railroad  Company,  a 
corporation  created  by  and  existing  under  the  laws  of  the 
State  of  Texas,  party  of  the  first  part,  and  The  Fidelity 
Insurance,  Trust  and  Safe  Deposit  Company,  of  the  City 
of  Philadelphia,  State  of  Pennsylvania,  Trustee  as  hereinafter 
mentioned  and  described,  party  of  the  second  part;  Witiiess- 
eth : 


Wliereas,  the  East  Line  and  Red  River  Railroad  Com- power  to  construct 
PANY  is  by  its  charter  duly  authorized  to  construct,  own,  and^®*^*^* 
maintain  a railway  from  the  Chty  of  Jefferson,  in  the  County 
of  Marion,  State  of  Texas,  to  tlie  town  of  Creenville,  in  Hunt 
County,  Texas,  and  thence  westwardly  or  northwestwardly  to 
the  western  limits  of  the  State  of  Texas;  and, 

Wliereas,  the  said  East  Line  and  1{ed  River  Railroad 

, ,1  I.LI-  1 -.Lixi  Itoad  completed  and 

Company  has  already  completed,  in  accordance  with  the  to  be  completed. 

requircnumts  of  its  charter  and  the  laws  of  Texas,  that  por- 
tion of  its  line  of  railway  which  extends  from  the  City  of 
Jefferson,  the  initial  point  of  said  railway,  to  Sul})hur  Stirings, 
the  county  site  of  Hopkins  County,  a distance  of  ninety-three 
miles,  and  designs  immediately  to  construct,  complete,  equip, 
and  stock,  ready  for  use,  the  line  to  Decatur,  Wise  County,  or 
to  some  other  point  which  may,  in  the  discretion  of  its  direct- 
ors, be  legally  selected,  which  shall  be  in  all  not  exceeding  a 
distance  of  two  hundred  (200)  miles  from  the  City  of  »Jeffer- 
son,  and  for  this  [lurpose  is  fully  empowered  by  law  to  issue 
bonds,  and  the  same  to  make  secure  and  protect  by  a mort- 
gage or  deed  in  trust,  covering  the  whole  or  any  part  of  its 
line  of  railway,  with  its  ajipurtenances,  and  all  and  every  part 

( 259  ) 


260 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


of  its  estates  and  property,  with  its  corporate  rights,  privi- 
leges, liberties,  and  franchises; 

Kesolution  of  Stock-  Whereas,  the  stockholders  of  said  Company,  duly  con- 

holders.  vened,  did,  on  the  tenth  day  of  May,  one  thousand  eight  hun- 

dred and  eighty,  by  a vote  of  more  than  two-thirds  of  their 
number,  adopt  the  following  resolutions,  to-wit: 

Mortgage  authorized  l^^solved^  by  the  stockholders  of  the  East  Line  and  Red 
River  Railroad  Company,  assemble4  in  their  corporate  capa- 
city, at  the  office  of  their  Company,  in  the  City  of  Jefferson, 
State  of  Texas,  in  obedience  to  and  in  compliance  with  the 
notice  of  the  President,  given  according  to  the  by-laws  of  the 
same,  and  according  to  the  laws  of  Texas  in  that  behalf,  pro- 
vided, more  than  two-thirds  thereof  concurring  herein,  that  the 
Directors  of  the  said  Company  be  authorized,  requested  and 
directed  to  mortgage,  or  to  execute  a deed  of  trust  upon  the 
said  railway  already  constructed  from  Jefferson  to  Sulphur 
Springs,  and  that  may  hereafter  be  constructed  for  a distance 
not  exceeding  two  hundred  miles  from  the  said  city  of  Jeffer- 
son, in  Marion  County,  Texas,  together  with  all  the  depots, 
depot  grounds,  locomotives,  and  rolling  stock  of  every  descrip- 
tion now  owned  by  said  Company,  or  that  it  may  hereafter 
acquire,  and  appurtenances,  and  land  scrip,  and  lands,  as  may 
be  acquired  from  the  State  of  Texas,  together  with  its  corpor- 
ate rights,  liberties,  and  franchises,  and  income,  and  to  issue 
upon  the  same  coupon  bonds,  jiayable  in  the  gold  coin  of  the 
United  States  of  America,  on  the  first  day  of  June,  1910,  in 
the  City  of  New  York,  and  the  interest  payable  semi-annually 
in  the  City  of  New  York,  in  the  gold  coin  of  the  United  States, 
and  to  bear  interest  at  the  rate  of  six  per  cent,  per  annum, 
payable  upon  the  first  days  of  June  and  December  of  each 
year.  But  the  said  mortgage  or  deed  of  trust  shall  not  be  for 
an  amount  of  said  bonds  exceeding  seven  thousand  (.$7,000) 
dollars  per  mile;  and  none  shall  be  authorized  to  be  issued 
except  upon  a completed  railway,  and  only  upon  sections  of 
not  less  than  ten  (10)  miles.  The  first  section  that  bonds  are 
hereby  authorized  to  be  issued  upon  is  the  ninety-three  (93) 
miles  now  completed  from  the  City  of  ,Jefferson  to  Sulphur 
Springs,  the  county  site  of  Hopkins  County,  in  the  State  of 
Texas,  which  bonds  are  immediately  to  be  executed  and  deliv- 
ered, and  thence  afterwards,  as  the  said  railroad  shall  be  con- 
structed in  sections  of  not  less  than  ten  (10)  miles  in  length, 
on  westwardly  through  such  counties  as  the  Board  of  Directors 
in  their  discretion  may  determine  to  construct  the  same,  accord- 


Rate,  not  to  exceed 
$7,000  per  Mile. 


Sections  of  Ten 
Miles. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


261 


ing  to  the  provisions  of  its  charter,  until  it  reaches  Decatur  in 
Wise  County,  or  such  other  point  as  the  Directors  may  legally 
select;  not,  however,  to  exceed  in  all  from  Jefferson,  the 
initial  point  of  said  railway,  a distance  of  two  hundred  (200) 
miles,  so  as  to  make  the  aggregate  amount  of  bonds,  author- 
ized and  intended  to  be  authorized,  to  be  issued  by  this  reso- 
lution, in  all,  onfe  million,  four  hundred  thousand  ($1,400,000) 
dollars,  and  no  more,  and  on\y  pro  rata  as  the  actual  construc- 
tion and  completionof  the  road  progresses,  in  sections  of  not 
less  than  ten  (10)  miles  in  length.  Said  bonds  shall  be  of  the 
denomination  of  one  thousand  ($1,000)  dollars  each,  and  Series  of  1400  Bonds 
numbered  consecutively  from  one  (1)  to  one  thousand  fovir 
hundred  (1,400)  inclusive  ; and  the  mortgage  or  deed  in  trust 
and  bonds  shall  all  be  dated  the  first  day  of  June,  1880;  and 
the  principal  of  said  bonds  shall  be  payable  on  the  first  day  of 
June,  1910,  and  the  interest  semi-annually,  and  the  said  mort- 
gage or  deed  in  trust  may  i)ledge  two  (2)  per  centum  of  the 
whole  amount  of  bonds  issued,  to  be  provided  and  set  aside  as 
a sinking  fund  to  i)urchase  and  retire  the  bonds  hereby  author- 
ized  to  be  issued,  to  commence  on  and  after  the  first  day  of 
September,  1885,  in  such  manner  as  may  be  stipulated  in  saiil 
mortgage  or  deed  in  trust  ; and  the  Hoard  of  Directors  of  the 
said  East  Link  axo  Red  Rr\  ek  Railroad  Com  raw  are  hereby 
authorized  to  have  the  said  mortgage  or  deed  in  trust,  and  the 
bonds  authorized  to  be  issued  in  i)ursuance  of  the  same,  and 
of  this  resolution,  executed  and  delivered  to  such  i)ersons  and 
in  such  form,  and  with  stipulations,  guarantee's,  limitations, 
restrictions,  and  conditions  as  they  may  deem  iiroper,  neces- 
sary, expedient,  and  apiiropriate  to  carry  out  the  object  and 
intent  of  this  resolution.  And  the  Secretary  of  this  meeting 
is  directed  to  record  this  resolution  upon  the  minute  book  of 
this  Company,  and  to  furnish  a copy  of  the  same  to  the  Board 
of  Directors  of  the  East  Line  and  Red  River  Railroad 
Company. 

Reaolved^  that  said  bonds  and  mortgage  be  in  the  form,  <>r  Form  of  MorU>-aoe 
substantially  in  the  form,  submitted  by  counsel  at  the  present 
meeting  of  the  stockholders  of  this  Company. 

Resolved,  that  the  i)rovisions  of  these  resolutions  be  carried 
out  by  the  Board  of  Directors  of  this  Company. 

And  Wliereas,  by  an  amendment  to  the  charter  of  said  Com-  Amendment  of 
j)any,  a[)proved  March  6,  1S75,  section  2 thereof,  it  is  pi-o- 
vided,  as  follows:  — 

Section  2.  That  the  Boai-d  of  Directors  of  said  Company 


262 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Power  to  Mortgage,  is  hereby  authorized,  upon  a vote  of  two-thirds  of  the  stock 
of  said  Company  (each  share  being  entitled  to  one  vote),  to 
mortgage  said  railroad,  its  lands,  revenues,  and  franchises, 
jointly  or  separately,  to  raise  money  to  construct  or  maintain 
the  same,  upon  such  terms  and  conditions  as  said  Company 
may  deem  best;  and  to  issue  bonds  thereon  secured  by  such 
mortgage ; and  to  do  and  perform  any  and  all  such  acts  and 
things  as  an  individual  might  lawfully  do  to  forward  and  pro- 
mote the  construction  and  maintenance  of  the  said  road. 


Authorized  by  And  Whereas,  The  Board  of  Directors  of  said  Company, 

Directors.  pursuant  to  the  foregoing  resolutions  and  the  legal  authority 

vested  in  them,  have  authorized  and  directed  the  execution, 
issuance  and  uses  of  said  bonds  and  coupons  as  provided,  and 
in  the  form  as  follows  : — 


Form  of  Bond. 


United  States  of  America, 
State  of  Texas. 


First  Mortgage  Six  per  (Jent.  Gold  Bond. 

$1,000 


$1,000 


Six  per  cent. — 
Gold — Principal 
and  Interest. 


Default  Continued 
Six  Months. 


Series  of  1400  Bonds. 


The  East  Line  and  Red  River  Railroad  Company,  for 
value  received,  acknowledges  itself  to  be  indebted,  and  prom- 
ises to  pay  to  W.  B.  Ward,  of  the  City  of  Jefferson,  State  of 
Texas,  or  bearer,  the  sum  of  one  thousand  dollars  in  United 
States  gold  coin,  at  the  office  of  its  agency  in  the  City  of  New 
York,  on  the  first  day  of  June,  1910,  with  interest  thereon  at 
the  rate  of  six  per  centum  per  annum,  payable  semi-annually 
at  the  place  aforesaid,  in  like  gold  coin,  on  the  first  days  of 
June  and  December  in  each  year,  as  specified  in  and  on  pres- 
entation of  the  annexed  coupons  therefor,  until  the  said  prin- 
cipal sum  shall  be  paid  as  specified.  In  case  of  the  non-pay- 
ment of  any  semi-annual  installment  of  interest  for  a period 
of  six  months  after  the  same  shall  have  become  due,  the 
principal  hereof  shall  become  due,  as  provided  in  the  mortgage 
hereinafter  mentioned.  This  bond  is  one  of  a series  of  one 
thousand  four  hundred  bonds  of  like  tenor  and  date,  num- 


bered consecutively  from  one  to  fourteen  hundred  inclusive, 
aggregating  1,400,000  dollars,  issued,  or  which  may  be  issued 
as  the  construction  of  the  railway  shall  progress,  but  which 
shall  be  issued  only  upon  the  basis  of  seven  thousand  dollars 
per  mile  of  com[)leted  railway,  and  no  more,  and  is  author- 
ized by  a resolution  of  the  stockholders  of  said  Company, 


Authorized  by 
Stockholders. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


2G3 


adopted  at  a meeting  lield  by  them  in  their  corporate  capacity 
according  to  its  character  and  the  law,  and  is  and  shall  be 
secured  by  a first  mortgage  of  even  date  herewith,  in  like  man- 
ner authorized,  duly  executed,  and  delivered  by  the  said  Com- 
pany to  the  Fidelity  Insurance,  Trust  and  Safe  Deposit 
Company,  of  the  City  of  Philadelphia,  State  of  Pennsylvania, 

Trustee,  conveying  to  it  the  Railway  constructed  from  of  Road 

son  to  Sulphur  Springs,  and  to  be  constructed  from  thence  to  from  Jefferson  lo 
Decatur,  Wise  County,  Texas,  or  to  such  other  place  as  the^®^^^^^’  Miles. 
Directors  may  hereafter  legally  direct,  not  exceeding,  how- 
ever, in  all,  two  hundred  miles  from  the  City  of  Jefferson, 
together  with  all  the  depots,  depot  grounds,  locomotives,  roll- Rolling  Stock,  etc. 
ing  stoek,  income  and  all  appurtenances,  and  its  corporate^  ^ 

rights  and  franchises,  together  with  such  land  scrip  and  land 
as  may  be  acquired  from  the  State  of  Texas.  The  payment  of  ’ 
this  bond  is  further  secured  by  a sinking  fund,  provided  for  in  sinking  Fund, 
said  mortgage,  of  not  less  than  two  per  centum  per  annum  of  • 
the  whole  amount  of  bonds  then  issued,  to  commence  in  its 
operation  on  and  after  the  first  day  of  September,  A.  1).,  1885, 
and  which  is  pledged  for  the  purpose  of  providing  a fund  for 
purchasing,  extinguishing,  and  retiring  these  bonds.  This 
bond  shall  pass  by  delivery,  but  shall  not  become  binding  Jmd 
obligatory  until  the  certificate  hereon  is  signed  l)y  the  Trustee 
heretofore  mentioned  ; and  before  the  said  certificate  shall  be 
signed,  it  is  exi)ressly  sti))ulated  and  agreed  tliattiiis  Company 
shall  file  with  the  said  Trustee  a duly  authenticated  copy  of  the 
report  of  the  State  Engineer,  or  of  the  person  a})point(‘d  by  the  Engineer’s  Report, 
authority  of  the  State  of  Texas  to  inspect  and  pass  thereon, 
showing  the  number  of  miles  of  road  hereafter  conq)leted  ; but 
the  bonds  for  the  ninety-three  miles  now  completed  shall  be  93  Miles  now  corn- 
certified  and  delivered  to  said  Conn)any  by  the  Trustee,  accord- 
inir  to  the  provisions  of  the  mortixaj^e. 

01  00 


III  Witness  AVliereof,  The  East  Line  and  Red 
River  Railroad  Company,  under  and  by  virtue 
of  the  laws  of  the  State  of  Texas,  and  in  accord- 
ance with  its  chartered  rights,  has  caused  this 
bond  to  be  signed  by  its  President  and  Secretary, 
and  its  corporate  seal  to  be  affixed  hereto,  in  the 
City  of  flefferson.  State  of  Texas,  this  first  day 
of  June,  A.  1).,  1880. 


, Secretary. 


, President. 


264 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


$30.  Coupon  No. $30. 

The  East  Line  and  Red  River  Railway  Company  will  pay 
to  the  bearer  hereof  on  the  first  clay  of  18 — , in  gold 

coin  of  the  United  States,  thirty  dollars,  at  the  office  of  the 
agency  of  the  Company,  in  the  City  of  New  York,  for  inter- 
est due  on  its  bond  No. . 

, Treasurer. 


And  Whereas,  the  coupons  annexed  to  such  bonds  bear 
Sre  of^^reasurer.  upon  their  face,  printed  thereon,  ^facsimile  of  the  signature 
of  the  Treasurer  of  the  said  party  of  the  first  part,  which  is 
hereby  declared  to  be  of  the  same  force  and  efficacy  as  if  writ- 
ten in  his  own  proper  handwriting,  under  authority  from  the 
Board  of  Directors  and  stockholders  of  said  Company ; 

Mortgage  and  Bond  And  Whereas,  the  Board  of  Directors  of  said  Company,  at 
approved  by  Direct-^  meeting  thereof,  duly  held  on  the  eleventh  day  of  May,  one 
thousand  eight  hundred  and  eighty,  did  adopt,  authorize,  and 
approve  the  said  form  of  bonds  and  coupons,  and  this  mort- 
gage or  deed  in  trust  for  the  purpose  of  securing  the  same  ; 


This  Indenture  con- 
veys. 


Road  from  Jefferson 
to  Decatur,  200 
Miles. 


Now,  this  Indenture  Witnesseth  : that  said  party  of  the 
first  part,  in  consideration  of  the  iiremises,  and  of  the  sum  of 
one  dollar,  to  it  paid  by  the  party  of  the  second  part,  before 
the  ensealing  and  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged,  and  for  the  purpose  of 
securing  the  payment  of  the  principal  and  interest  of  the  said 
fourteen  hundred  ( 1,400)  bonds,  or  of  so  many  of  such  bonds 
as  may  be  issued  hereunder  according  to  the  tenor  thereof, 
hath  granted,  bargained,  sold,  assigned,  released,  and  conveyed, 
and  by  these  presents  doth  grant,  bargain,  sell,  assign,  release 
and  convey  unto  the  said  party  of  the  second  part,  and  its 
lawful  successor  or  successors,  and  assigns,  all  and  singular 
the  railway  constructed  from  the  City  of  Jefferson  to  Sulphur 
Springs,  and  to  be  constructed  thence  to  Decatur,  Wise 
County,  Texas,  or  to  such  other  place  as  the  directors  may 
thereafter  legally  direct,  not  exceeding,  however,  in  all,  two 
hundred  (200)  miles  from  the  City  of  »Jefferson;  including 
the  road-bed  and  superstructure  and  the  right  of  way  of  said 
railroad,  and  all  lands  and  real  estate  held  for  railroad  pur- 
poses, all  rails,  tracks,  side  tracks,  bridges,  viaducts,  build 
ings,  depots,  station  houses,  car  houses,  shops,  Avarehouses, 
turn-tables,  water  stations,  fences,  structures,  erections, 
fixtures  and  appurtenances,  and  all  other  things  of  Avhatever 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


265 


kind  thereunto  belonging  or  in  any  wise  appertaining,  or  which 
have  been  or  may  be  acquired  or  })rovided  for  use  upon  or  in 
connection  with  the  said  railroad  ; and  all  lands  acquired  or 
designed  for  depots,  warehouses  and  other  structures  at  either 
terminus,  as  well  as  along  the  line  of  said  road ; and  also  all 
the  locomotives,  engines,  cars,  and  other  rolling  stock,  stock 

ment,  machinery,  instruments,  tools,  implements,  materials, 
furniture  and  other  chattels  now  or  hereafter  belonging  or 
appertaining  to  said  railroad,  and  all  property,  both  real  and 
personal,  of  every  kind  and  description  which  shall  hereafter 
be  acquired  for  use  upon  or  in  connection  with,  or  for  the 
purposes  of  the  said  railroad ; and  all  the  corporate  rights, 
privileges,  and  franchises  which  the  said  party  hath  and  can  Franchises,  etc. 
exercise  or  shall  hereafter  acquire  or  possess,  of,  in,  to,  upon, 
or  in  respect  of,  the  said  railroad,  or  necessaiy  for  the  con- 
struction, maintenance  or  operation  of  said  railroad,  or  any 
thing  belonging  or  appertaining,  or  which  may  hereafter 
belong  or  appertain  to  the  same,  or  any  i)art  thereof;  also  all 
the  right,  title,  interest,  and  claim  which  the  party  of  the  first 
part  has  now  or  may  acquire,  or  become  entitled  to,  in  any 
land  scrip  or  land  from  the  State  of  Texas,  and  all  the  rents,  Fands  and  Land 
issues,  profits,  tolls,  and  of  her  income  of  the  said  railroad,  and 
all  the  rights,  privileges  and  franchises  whatsoever  which  the 
said  railroad  Comi)any  now  })ossesses,  owns  or  is  entitled  to, 
and  all  rights,  privileges,  and  franchises,  pr()})erties  real  and 
personal  and  rights  and  things  which  the  saidrailroad  Compjiny 
may  or  shall  acquire,  possess,  or  become  entitled  to  for  the 
l)urposes  or  in  connection  with  said  railroad,  or  the  ot)eration, 
use  and  maintenance  thereof;  and  also  in  case  the  said  Trustee, 
or  its  successor  or  successors,  shall,  at  any  time  hereafter 

lawfully  enter  into  the  possession  of  the  said  railroad,  with  its  „ , _ 

, Entry  by  Trustee  or 

api)urtenances  hereby  mortgaged,  or  have  a Receiver  ap[)ointed  Receiver. 

for  the  same,  any  and  all  fuel  or  supplies  intended  for  use  in 
and  about  the  oi)eration,  repair,  or  maintenance  of  said  railroad, 
which  said  railroad  Conq)any  may  have  on  hand  at  the  time  of 
the  said  Trustee  so  entering  into  possession,  or  at  the  time  of 
such  receivershi})  being  granted  or  applied  for;  and  all  the 
other  i)roperty  and  effects,  both  real  and  i)ersonal,  which  said 
company,  at  such  time  of  the  Trustee  so  entering  into  posses- 
sion, or  the  granting  of,  or  api)lication  for  such  receiver- 
shii),  may  own,  or  possess,  or  be  entitled  unto  in  respect  of 
the  said  railroad,  to  Have  and  to  Hold,  all  and  singular,  the  To  Have  and  to 
[)roperty,  real  and  personal,  with  the  hereditaments  and  fran-^^^^^' 


266 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Trusts  declared. 


Trustee’s  Certificate. 


Possession  to  remain 
with  Company, 
until,  etc. 


Disused  Property 
may  be  sold,  etc. 


chises,  and  all  and  singular  the  chartered  rights,  liberties  and 
franchises,  and  all  the  rights  and  things  hereby  conveyed,  or 
purporting  and  hereby  intended  to  be  conveyed  unto  the  party 
of  the  second  part,  its  successors  and  assigns  forever. 

In  Trust,  Nevertheless,  for  the  use,  benefit  and  security  of 
all  and  singular  the  persons  and  corporations  who  or  which 
shall,  from  time  to  time,  be  lawful  owners  or  holders  of  any 
of  the  said  one  thousand  four  hundred  (1,400)  bonds,  of  one 
thousand  dollars  each,  which  may  be  issued  and  outstanding, 
with  pro  rata  equality,  without  preference  or  priority,  of  any 
of  such  bondholders  over  any  of  the  others,  and  upon  the 
terms  and  conditions,  and  with  the  powers  hereinafter 
expressed  ; that  is  to  say  : — 

Article  1. — None  of  the  said  Bonds  shall  be  deemed 
issued,  or  be  valid,  or  be  deemed  secured  by  this  mortgage,  until 
there  shall  have  been  indorsed  upon  it  a certificate,  duly 
signed  by  the  party  of  the  second  part,  or  its  successor  or 
successors  to  the  effect  following,  viz:  “The  Fidelity  Insur- 
ance, Trust  and  Safe  Deposit  Company,  of  Philadelphia,  the 
Trustee  mentioned  within,  hereby  certifies  that  the  within  bond 
is  one  of  the  series  described  in  the  mortgage  referred -to, 
which  has  been  duly  executed,  recorded,  and  delivered  to  the 
Trustee.  Six  hundred  and  fifty-one  of  these  bonds  will  be 
certified  and  delivei'ed  to  the  Company  on  the  execution  of  the 
mortgage,  being  at  the  rate  of  seven  thousand  ($7,000)  dollars 
per  mile  of  railroad  already  constructed  ; and  as  sections  of 
road,  not  less  than  ten  miles  are  completed  and  inspected,  the 
residue  of  the  bonds  shall  be  certified  and  delivered,  at  the  rate 
of  seven  thousand  ($7,000)  dollars  per  mile.” 

Article  2.  — It  is  further  Understood  and  Agreed  that 
until  default  shall  be  made,  either  in  the  principal  or  interest 
of  any  of  the  said  bonds,  said  Company  is  suffered  and  per- 
mitted to  possess,  hold,  and  enjoy  the  said  railway,  with  all  its 
appurtenances  and  e(juipments,  and  all  property  conveyed 
herein;  and  to  use  and  operate  the  same,  and  to  receive  the 
income  and  profits  thereof  in  the  same  manner  as  though  this 
indenture  had  never  been  made  and  executed,  except  as  here- 
inafter expressed  with  reference  to  any  land  scrij)  or  lands 
hereafter  earned  or  acquired  from  the  State  of  Texas  by  the 
construction  of  said  road. 

It  is  Covenanted  and  Agreed  that  while  the  said  party  of  the 
first  part  shall  remain  in  possession  of  the  premises  hereby  mort- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


267 


gaged,  and  there  shall  be  no  default  in  the  payment  of  interest, 
sinking  fund,  or  principal  hereunder,  the  said  party  of  the  second 
part,  or  its  successor  or  successors  in  the  said  trust,  shall  have  full 
power  and  authority,  to  be  exercised  in  its  or  their  own  dis-p^ 
cretion,  to  release  from  the  lien  and  operation  of  these  pres- 
ents,  in  su«h  manner  as  it  or  they  may  deem  proper,  any 
portion  of  the  premises  or  property  hereby  mortgaged  which 
may  be  appurtenant  to  the  said  railroad,  or  which  may  have 
been  acquired  or  held  for  the  uses  or  purposes  thereof,  but 
which,  in  the  judgment  of  the  said  Trustee,  shall  be  no  longer 
requisite  for  use  in  connection  therewith,  or  w^hich  shall  have 
been  acquired  or  held  for  stations,  depots,  shops,  or  other 
buildings,  or  for  supplying  fuel,  gravel,  or  other  material,  and 
which,  in  the  Trustee’s  judgment,  shall  be  no  longer  requisite 
to  be  kept  for  such  purposes,  and  likewise  any  lands  not  occu- 
pied by  the  track  which  may  become  disused  by  reason  of  the 
change  in  the  location  of  any  station-house,  depot,  shop,  or 
other  building  connected  with  the  said  railroad,  and  likewise 
any  land  occupied  by  the  tracks  adjacent  to  such  station 
house,  depot,  shop,  or  other  building  which  the  said  party  of 
the  first  part,  its  successors  or  assigns,  may  deem  it  ex})edient 
to  disuse  or  abandon  by  reason  of  such  change,  and  likewise 
any  part  of  the  original  line  of  track  or  roadway,  and  of  the 
depot  grounds,  buildings,  or  accommodation  connected  there- 
with, which  may  have  been  thrown  out  of  use  and  ceased  to 
forni  part  of  the  railroad  at  the  time  of  such  release  by  reason 
of  straightening  or  alteration  of  th(‘  line  of  the  said  road;  pro- 
vided, always,  that  the  power  of  release  given  by  this  article 
is  designed  to  be  exercised,  and  shall  be  exercised  only  in 
case  of  the  said  Railroad  Company’s  selling,  or  contract- 
ing to  sell,  the  property  so  to  be  released,  because  of  its  being 
no  longer  recpiired  for  the  uses  or  i)urposes  of  said  rail- 
road, and  iXMpiiring  the  same  to  be  released  in  order  to  give 
a perfect  title  to  the  purchaser  or  purchasers;  and  i)rovidcd, 
further,  that  when  such  released  premises  shall  have  been 
thrown  out  of  use  or  cease  to  be  reciuired  by  reason  of  change 
of  the  line  of  road  or  change  of  de})ot  grounds,  buildings,  or 
other  accommodations,  substitutes  therefor,  of  equal  or  greater  property  of  equal 
value,  shall  be  conveyed  by  appro})riate  deeds  to  the  to  Trustee 

upon  the  trusts,  and  for  the  uses  and  purposes  of  this  inden- 
ture, before  the  giving  of  such  release  muler  the  power  con- 
tained in  this  article. 


268 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Taxes,  etc.,  paid.  ARTICLE  3.  — The  said  Party  of  the  First  Part,  binds  itself 
to  pay  and  satisfy  all  taxes  of  every  kind  whatsoever,  which 
may  be  lawfully  levied  or  imposed  upon. any  of  the  lands, 
property,  or  objects  embraced  in  this  mortgage.  Should  it 
fail  so  to  do  for  sixty  days  from  the  time  when  such  taxes 
shall  become  due  and  payable,  the  party  of  the  second  part,  its 
successor  or  successors,  may  pay  them  and  collect  any  amount 
so  paid  from  the  party  of  the  first  part,  or  it  may  use  any 
money,  funds,  or  bonds  of  the  party  of  the  first  part  for  that 
purpose. 


Default  continued 
for  Six  Months. 


Trustee  may  enter 
into  Possession. 


Lands  and  Land 
Scrip. 


Article  4.  — If  Default  be  made  in  the  payment  of  the 
interest  which  shall  accrue  upon  said  bonds,  or  any  of  them, 
or  any  part  thereof,  or  of  the  sinking  fund,  or  any  part 
thereof,  and  if  the  default  continues  for  the  space  of  six  months, 
said  party  of  the  second  part,  its  successor  or  successors  in 
said  trust,  is  hereby  empowered  to,  and  upon  the  request 
of  the  holders  of  one-third  of  the  bonds  issued  hereunder 
and  then  outstanding,  shall  commence  foreclosure  proceedings 
for  such  interest  or  sinking  fund,  or  enter  upon  and  take  pos- 
session, without  process  of  law,  or  other  legal  proceedings,  of 
the  railway  herein  mortgaged,  so  far  as  said  line  may  then 
be  constructed  or  in  operation,  together  with  all  and  singular 
the  equipment  and  rolling  stock,  depots,  and  appurtenances 
as  hereinbefore  described,  as  well  as  all  land  scrip  and  lands 
then  earned  or  acquired,  and  is  authorized  to  operate  and 
work  said  railway,  making  from  time  to  time,  while  in  posses- 
sion, all  such  repairs  and  replacements  and  all  such  altera- 
tions, additions,  and  improvements  to  the  said  railroad  and 
other  mortgaged  property  as  shall  be  necessary  and  proper,  and 
as  the  income  of  the  said  mortgaged  premises  shall  be  adequate 
to  pay  for,  and  to  receive  the  earnings,  income,  and  profits  of 
the  same,  and  pay  the  expenses  of  operating  and  maintenance 
until  the  net  profits  shall  be  sufficient  to  pay  and  discharge  all 
existing  arrears  of  interest  or  sinking  fund,  whereupon  said 
arrears  of  interest  or  sinking  fund  shall  be  paid,  and  all  of 
said  property  shall  be  surrendered  and  delivered  to  the  party 
of  the  first  part. 


Access  to  Books  of  R is  understood  that  while  so  in  possession,  the  party  of  the 
Company.  second  part  shall  have  free  access  to  all  the  books  of  the  Com- 

pany, and  shall  have  the  right  to  payout  of  said  earnings  its 
own  expenses,  with  reasonable  charges  and  costs. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILAVAY. 


2r,9 


Akticlp:  5. — In  Case  of  Default  in  the  payment  of  any  Default  continued 
interest  upon  said  bonds,  and  such  default  continuing  twelve  Twelve  Months, 
months,  the  whole  principal  sum  mentioned  in  each  and  all  of 
said  bonds  then  outstanding  shall,  at  the  option  of  the  holders 
of  one-third  in  interest  of  the  said  bonds  then  outstanding. 


forthwith  become  due  and  payable,  and  in  that  event,  or  in  case 
of  default  in  the  payment  of  the  principal  of  said  bonds,  or 
any  of  them,  at  the  maturity  of  said  bonds,  the  party  of  the 
second  part,  or  its  successor  or  successors  in  this  trust,  shall 
foreclose  this  mortgage  by  legal  proceedings,  and  sell,  or Proceed^ 
cause  to  be  sold,  the  said  railway  and  property,  and  all  the^^s^- 
rights,  privileges,  and  franchises,  and  all  the  appurtenances 
herein  conveyed,  as  above  expressed,  including  lands  and  land 
scrip,  as  well  as  all  the  benefit  of  the  equity  of  redemption  of 
the  party  of  the  first  part  in  and  to  the  same,  with  the  benefit 
of  the  franchises  aforesaid,  which  sale  shall  be  at  public 
auction,  in  the  City  of  New  York,  or  at  Jefferson,  Texas,  on  Sale  at  Public 
previous  notice  of  time  and  place  of  such  sale  by  advertise- 
ment, published  not  less  than  three  times  a week,  for  ten 
weeks,  in  at  least  two  newspapers  of  general  circulation  pub- 
lished in  the  City  of  New  York,  two  in  the  City  of  Philadel- 
phia, and  two  in  the  State  of  Texas,  and  in  such  other  places 
as  may  be  required  by  law.  And  the  party  of  the  second  part,  Trustee’s  Deed, 
its  successor  or  successors,  shall  make  and  deliver  to  the  pur- 
chasers of  the  said  i)remises  good  and  suffcient  deeds  of  con- 
veyance for  the  proi)erty,  rights,  i)rivileges,  and  franchises, 
in  fee  simple,  and  such  sale  and  conveyance  shall  be  a per- 
petual bar,  both  in  law  and  equity,  against  the  party  of  the 
first  part,  its  successors  and  assigns,  and  all  others  claiming 
by,  or  through,  or  under  them,  of  all  right,  title,  interest,  or 
claim  in  and  to  the  pro})erty,  rights,  privileges,  and  franchises 
herein  conveyed,  and  every  })art  and  parcel  thereof.  The 
party  of  the  second  j)art,  its  successor  or  successsors,  may  Trustee  may 
bid  for  and  purchase  said  ])roperty,  rights,  i)rivileges,  and  ^ 
franchises,  or  any  i)art  thereof,  at  any  such  sale.  From 
the  proceeds  of  such  sale,  the  party  of  the  second  part,  its 
successor  or  successors,  shall  deduct  its  just  allowances  for  the 
expenses  thereof,  including  reasonable  attorney  and  counsel 
fees,  and  all  exi)enses  which  may  have  been  occasioned  in  man- 
aging the  said  railroad,  or  the  business  thereof,  together  with 
just  compensation  for  its  services.  After  doing  this,  the  pro- 
ceeds of  sale  shall  be  api)lied  to  the  i)ayment  of  the  principal  ^ 
and  interest  of  the  said  bonds  then  outstandinj;.  If  not  sufiicient 


270 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


to  pay  the  whole  amount,  then  pro  rata  without  discrimnation 
or  preference.  If  there  be  a surplus,  it  shall  be  paid  over  to 
the  party  of  the  hrst  part,  or  as  any  court  of  competent  juris- 
diction may  order.  But  the  purchaser  or  purchasers  at  such 
sale  shall  not  be  bound  for  the  application  of  the  purchase- 
money  after  paying  it  to  the  party  of  the  second  part,  its  suc- 
cessor or  successors,  or  as  the  court  may  direct,  or  be  in  any 
manner  answerable  for  the  loss  or  misapplication  thereof. 

Bonds  receivable  as  It  is  Covenanted  and  Agreed  that  the  purchaser  or  pur- 

Purchase  Money,  ^ 

pro  rata.  chasers  at  any  sale  of  the  mortgaged  premises  hereunder  shall 

be  entitled,  in  making  settlement  for  and  payment  of  the  pur- 
chase-money bidden  at  such  sale,  to  turn  in  and  use  towards  the 
payment  of  such  purchase  money  any  of  the  bonds  or  coupons 
held  by  such  purchaser  or  purchasers  to  or  towards  the  pay- 
ment whereof  the  net  proceeds  of  such  sale  shall  be  legally 
applicable,  reckoning  such  bonds  or  coupons  for  such  purpose 
at  such  sum  as  shall  be  payable  out  of  the  net  proceeds  of  such 
sale  to  sueh  purchaser  or  purchasers  as  holder  or  holders  of 
sueh  bonds  or  coupons  for  his  or  their  just  share  and  propor- 
tion in  that  character  of  such  net  proceeds  of  sale,  upon  due 
apportionment  of  and  accounting  concerning  such  net  proceeds, 
due  receipts  and  acknowledgments  being  thereupon  given  by 
the  holders  of  such  bonds  or  coupons  for  the  amount  thus 
realized  thereon,  by  means  of  turning  in  and  using  the  same 
as  aforesaid,  and  the  said  bonds  or  coupons  being  either  deliv- 
ered up  to  the  person  or  persons  making  the  sale  and  entitled 
to  receive  payment  of  the  purchase-money,  or  due  indorse- 
ment being  made  thereon  of  the  amount  so  realized  on  account 
thereof. 

Covenant  for  further  ARTICLE  6. — The  said.  The  East  Line  AND  Red  River  Rail- 

Assurance.  i i r. 

ROAD  Company,  the  party  of  the  first  part,  does  for  itself  and 

its  suecessors  eovenant,  promise,  and  agree  with  the  party  of 
of  the  second  part,  and  its  successor  and  successors,  that  it  will 
at  any  time  or  times  hereafter  execute,  acknowledge,  and 
deliver  under  its  corporate  seal,  to  the  party  of  the  second  part, 
its  successor  or  successors,  all  such  further  and  other  assurances, 
conveyanees,  transfers,  and  instruments  in  writing,  and  do  all 
such  further  acts  as  may  be  proper  or  necessary,  or  as  the 
counsel  of  said  party  of  the  second  part,  its  successor  or  suc- 
cessors, learned  in  the  law,  shall  deem  necessary,  })roi)er,  or 
expedient,  for  the  better  and  more  effectual  securing  of  the 
payment  of  the  series  of  bonds  provided  to  be  issued  under 


THK  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


271 


and  by  virtue  of  these  presents,  and  the  interest  due  or  to 
become  due  thereon,  and  for  carrying  into  effect  the  object 
and  design  of  this  conveyance,  and  preserving  and  keeping 
valid  the  lien  hereby  intended  to  be  created  upon  the  prop- 
erty herein  and  hereby  conveyed. 

Article  7 . — The  Party  of  the  First  Part  does  hereby  Sinking  Fund, 
covenant  and  promise  with  and  to  the  party  of  the  second 
part,  that  it  will  appropriate  and  set  apart,  from  and  out  of 
the  earnings  of  the  said  railroad,  for  the  year  commencing 
September  1st,  1885,  and  each  successive  year  thereafter,  until 
all  the  bonds  provided  for  by  this  indenture  shall  be  paid  off 
and  extinguished,  a sum  annually  equal  to  not  less  than  two 
per  cent,  of  the  amount  of  all  such  bonds  as  shall  then  be  out- 
standing hereunder,  which  sum  shall  be  paid  to  the  party  of 
the  second  part,  its  successor  or  successors  in  this  trust  by  the 
party  of  the  first  part,  on  or  before  the  fifteenth  day  of  Decem- 
ber following  the  close  of  each  of  said  years,  and  the  said  last 
mentioned  moneys,  together  with  all  moneys  which  may 
accrue  to  and  be  received  in  the  execution  of  said  trust, 
and  the  interest  on  all  bonds  purchased  or  received  by  the  party  • 
of  the  second  i)art,  its  successor  or  successors  in  this  trust, 
under  the  provisions  of  this  conveyance  (which  interest  shall 
be  regularly  paid  by  the  party  of  the  first  part,  to  the  j)arty  of 
the  second  {)art,  its  successor  or  successors  in  this  trust,  until 
the  maturity  of  the  bonds),  after  debiting  all  charges  and 
expenses  in  the  execution  thereof,  shall  constitute  a sinking 
fund  for  the  redemption  of  the  said  bonds,  and  shall  be  faith- 
fully ai)plied  to  that  object. 

Tlie  Holders  of  Oiie-Thir<l  in  Ainoiiiit  of  the  Bonds  issued  Suspension  of  Fro- 
hereunder  at  any  time  outstanding  may,  by  an  instrument  jjj 
writing,  or  concurrent  instruments  in  writing,  executed  under 
their  hands  or  the  hands  of  their  attorneys  in  fact,  at  any  time 
when  the  party  of  the  first  part  is  unable  to  })ay  the  same,  sus- 
l)end  for  a period  not  greater  than  five  years  at  any  one  time 
the  operation  of  the  provisions  herein  contained,  in  resi)ect  to 
the  payimmt  by  the  party  of  the  first  j)art  to  the  party  of  the 
second  part  of  a sum  not  less  than  two  (2)  per  cent,  of  the 
bonds  outstanding  toward  the  sinking  fund  hereunder,  and  the 
holders  of  two-thirds  in  interest  of  such  outstanding  bonds 
issued  hereunder  may  at  any  time,  by  an  instrument  in  writ- 
ing, or  concurrent  instruments  in  writing,  under  the  hands  of 
themselves,  or  their  attorneys  in  fact,  set  aside  and  annul  dur- 
ing the  whole  or  any  part  of  the  remainder  of  the  period  cov- 


272 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


ered  by  this  mortgage,  the  operation  of  said  provisions  in 
respect  to  the  payment  of  such  sum  toward  such  sinking  fund. 
And  the  lien  of  said  mortgage  shall  not  otherwise  be  affected 
thereby. 


Investment  of  Sink-  ARTICLE  8. — It  shall  be  the  Duty  of  the  party  of  the 
mg  Fund.  second  part,  and  of  its  successors,  to  invest  the  sinking  fund, 

as  fast  as  it  accumulates,  after  retaining  taxes  thereon,  and 
the  expenses  of  the  trust,  in  the  bonds  hereby  and  herein 


Redemption  of 
Bonds. 


authorized  and  secured,  at  their  current  market  value,  not 
exceeding  five  per  cent,  above  par,  exclusive  of  interest ; and, 
if,  after  twenty  days’  public  notice  in  two  newspapers  of  gen- 
eral circulation,  published  in  the  Cities  of  New  York  and 
Philadelphia,  to  be  selected  by  the  party  of  the  second  part, 
its  successor,  or  successors,  in  said  trust,  inviting  proposals 
for  the  sale  of  said  bonds,  they  can  not  be  purchased  at  a satis- 
factory price,  not  exceeding  five  per  cent,  above  par,  exclusive 
of  interest,  then  the  party  of  the  second  part,  its  successor,  or 
successors,  in  said  trust,  shall  call  for  the  presentation  of  so 
many  of  said  bonds  as  the  money  then  remaining  in  hand, 
with  any  accretions,  will  be  sufficient  to  redeem,  ascertaining 
those  to  be  redeemed  by  a drawing,  in  the  presence  of  the 
party  of  the  second  part,  its  successor,  or  successors,  in  said 
trust,  and  an  executive  officer  or  duly  authorized  agent  of  the 
East  Line  AND  Red  River  Railroad  Company  and  a notary 
public,  in  which  drawing  all  the  bonds  then  outstanding  shall 
fairly  participate,  through  their  respective  numbers;  and  the 
notary  public  shall  certify  the  result  to  the  parties  hereto. 
And  thereupon  notice  shall  be  given  by  said  party  of  the 
second  part,  its  successor,  or  successors  in  said  trust,  by  ten 
successive  insertions  in  two  newspapers  published  in  New  York 
and  Philadelphia  (a  morning  and  evening  paper  in  each  City) 
fixing  a day  not  less  than  twenty  days  after  said  drawing, 
upon  which  said  bonds,  designating  them  by  their  numbers, 
will  be  paid,  at  par,  and  five  per  cent,  premium,  together  with 
interest  thereon  to  the  day  of  redemption  ; after  which  date 
such  desifjnated  bonds  shall  cease  to  bear  interest  in  the  hands 


of  holders;  and  all  bonds  purchased  or  paid  out  of  said  fund 
Registry  of  redeemed  registered  in  the  name  of,  and  stamped  by,  the  party 

^onds.  of  the  second  part,  its  successor,  or  successors,  in  said  trust, 

and  cancelled;  but  the  interest  thereon  shall  be  regularly  paid 
by  the  party  of  the  first  part  to  the  party  of  the  second  part, 
its  successor,  or  successors,  in  said  trust,  until  the  maturity 
thereof,  but  both  parties  shall  keej)  registers  of  all  bonds  so 
purchased  and  i)aid  subject  to  the  inspection  of  the  bondholders 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


273 


and  stockholders;  and  the  bonds  so  cancelled  shall  be  reported, 
by  numbers  and  amounts,  annually  to  the  stockholders. 

The  Trustees  are  Authorized  and  empowered  to  i^i^^st 
any  surplus  o:§,  the  sinking  fund  on  hand,  in  L^nited  States  ing  Fund, 
securities,  until  it  can  be  used  in  purchasing  and  retiring  the 
bonds  herein  authorized. 


Article  9. — The  Party  of  the  Second  Part,  its  successor.  Annual  Statement 
p.  . , 1 11  1 1 of  Trustees, 

or  successors,  as  otten  as  once  in  each  year,  shall  make  and 

furnish  to  the  party  of  the  first  part  a detailed  statement 
of  the  moneys  and  securities  in  their  hands,  and  all  such 
other  matters  connected  with  said  trusteeship  as  the  party 
of  the  first  part  may  reasonably  require.  In  case  of  the  res- 
ignation, insolvency,  incapacity,  or  inability  for  any  other 
reason  of  the  party  of  the  second  part,  or  its  successor,  or  suc- 
cessors, to  act  in  execution  of  this  trust,  the  holders  of  a 
majority  in  interest  of  said  outstanding  bonds  may  select  or 

designate  one  or  more  competent  iiersons  or  a corporation  to , 

” . - , , ^ ^ ^ . Resignation,  etc.,  of 

execute  said  trust,  and  the  person  or  persons,  or  corporation,  Trustee. 

so  selected  shall  have  all  the  rights  and  privileges  conferred 
by  this  conveyance  upon  the  party  of  the  second  part,  and 
shall  be  required  to  perform  the  same  duties.  The  bondhold- 
ers failing,  after  thirty  days’  notice  published  in  two  news- 
papers of  general  circulation  in  New  York  and  two  in 
Philadelphia,  to  fill  such  vacancy,  the  President  for  the  time 
being  of  the  party  of  the  first  jiart  shall  make  a temporary 
appointment  for  such  vacancy  which  shall  continue  until  tlu; 
holders  of  a majority  in  interest  of  said  outstanding  bonds 
shall  designate  a new  Trustee,  or  new  Trustees,  to  act  here- 
under. When  the  holders  of  a majority  in  interest  of  the* 
outstanding  bonds  shall  by  an  instrument  in  writing,  or  con- 
current instruments  in  writing,  executed  by  themselves  or  their 
attorneys  in  fact  designate  a new  Trustee,  or  new  Trustees, 
under  this  mortgage,  the  estate,  {lowers,  rights,  and  jirivileges 
hereunder  of  any  Trustee  other  than  the  Trustee  aiqiointed  by 
these  presents  shall  immediately  cease  and  determine,  and  be 
transferred  to  and  vest  in  the  new  Trustee  or  new  Trustees  so 
designated,  and  thereafter  such  new  Trustee  or  new  Trustees 
shall  hold  such  estate,  rights,  powers,  and  privileges  with  the 
like  effect  as  if  he,  it,  or  they  had  been  designated  as  the  {larty 
of  the  second  jiart  hereunder. 


AirnciiE  10. — Any  T^aiid  Scrip  that  may  be  Inu’eafter 
ac(|uired  from  the  State  of  T(ixas  by  constructing  th(‘  road 
herein  mentioned,  may  be  located  or  not,  at  the  ojition  of  the 


Lund  kScrip. 


274 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Location  of  Land. 


Appraisal. 


Bonds  receivable  for 
Lands  and  Land 
Scrip. 


Sale  of  Lands  and 
Land  Scrip. 


Proceeds  of  Sales 
paid  into  Sinking 
Fund. 


party  of  the  hrst  part.  If  located,  the  lands  shall  be  listed  and 
appraised  as  located  ])y  sections  or  subdivisions  of  sections,  as 
may  seem  most  expedient  for  effecting  sales  thereof,  and  such 
ai)praisement  shall  be  subject  to  the  approval  of  the  party  of 
the  second  part,  its  successor  or  successors  in  said  trust. 
These  appraisals  shall  be  the  minimum  prices  for  which  the 
respective  })arcels  shall  be  sold,  and  shall  not  be  changed  except 
by  the  consent  of  both  parties  to  this  conveyance.  If  the 
party  of  the  first  part  determine  not  to  locate  its  scrip,  it  shall 
be  listed  and  appraised  subject  to  the  approval  of  the  party  of 
the  second  part,  its  successor  or  successors  in  said  trust ; and 
any  of  the  bonds  herein  and  hereby  secured  shall  be  received  at 
the  par  value  thereof  and  accrued  interest  in  payment  for  said 
land  scrip  or  lands. 

The  lands  or  the  land  scrip  may  be  sold  by  the  party  of  the  first 
l)art,  by  and  with  the  consent  of  the  party  of  the  second  part, 
its  successor  or  successors  in  said  trust,  for  cash  or  on  credit,’ 
but  in  either  event,  when  the  purchase-money  is  paid  either  in 
cash  or  in  bonds,  title  shall  be  made  to  the  purchaser,  and  the 
l)arty  of  the  second  part,  its  successor  or  successors  in  said 
trust,  shall  release  the  land  or  scrip  so  sold  from  the  lien  herein 
created.  In  all  such  transactions  the  party  of  the  second  part, 
its  successor  or  successors  in  said  trust,  may  act  through  an 
agent  or  attorney.  The  net  proceeds  of  sales  of  lands  or 
scrip,  after  deducting  commissions  and  taxes  paid,  together 
with  other  proper  expenses  chargeable  against  such  lands,  shall 
be  added  to  the  sinking  fund,  and  applied  as  directed  in  Article 
Eight  for  the  sinking  fund,  otherwise  created. 


Waiver  of  Stay  and  And  the  said  Party  of  the  First  Part,  for  itself,  its  suc- 
otherLaws.  cessors  and  assigns,  hereby  agrees  to  waive  and  does  hereby 

absolutely  and  irrevocably  waive  and  relinquish  the  benefit  or 
advantage  of  any  or  all  valuation,  stay,  appraisement,  exten- 
sion, or  redemption  law  or  laws  now  existing,  or  which  may 
hereafter  be  passed  by  the  State  of  Texas  or  by  the  United 
States,  which,  but  for  this  ju’ovision,  agreement,  and  Avaiver 
might  be  applicable  to  the  sale  hereinbefore  authorized  to  be 
made,  or  to  any  judicial  sale  which  maybe  made  of  said  mort- 
gaged railroad  or  premises,  or  any  part  thereof,  under  and  in 
virtue  of  the  judgment  or  decree  of  any  court  in  a suit  insti- 
tuted for  the  foreclosure  of  this  mortgage,  or  for  the  enforce- 
ment of  the  lien  by  this  indenture  created;  and  the  said  party 
of  the  first  part  for  itself,  its  successors  and  assigns,  agrees  to 
waive  and  does  hereby  irrevocably  waive  any  and  all  right  of 
vedenq)tion  which  it  might  or  could  otherwise  have  or  be 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


275 


entitled  to  under  any  i)resent  or  future  law  of  the  State  of 
Texas,  or  of  the  United  States,  upon  or  after  or  in  respect 
of  any  sale  of  the  said  hereby  mortgaged  premises,  properties, 
rights,  and  franchises,  or  any  part  thereof,  as  hereinbefore 
authorized,  or  any  judicial  sale  under  order  or  decree  of  the 
court  in  a suit  for  the  foreclosure  of  this  mortgage  or  the 
enforcement  of  its  lien  as  aforesaid ; and  the  said  party  of 
the  first  part  hereby  covenants  that  it  will  not  in  any  manner 
set  up,  or  seek  to  take  the  benefit  or  advantage  of  any  such 
present  or  future  valuation,  stay,  appraisement,  extension,  or 
redemption  law  to  prevent  or  hinder  or  delay  the  absolute  and 
irredeemable  sale  of  said  mortgaged  premises,  properties, 
rights,  and  franchises  as  hereinbefore  authorized  to  be  made, 
or  as  might,  but  for  such  law,  be  directed  or  decreed  by  a court 
of  competent  jurisdiction. 

Articlp:  11. — The  Party  of  tlie  Second  Part,  its  successoi’  , * . . 

Trustee  s Agents  and 

or  successors  in  this  trust,  is  authorized  and  empowered  Attorneys, 
to  employ  agents  and  attorneys,  to  do  and  })erform  such 
duties  as  are  inii)osed  upon  the  i)arty  of  the  second  })art, 
in  and  by  the  terms  of  this  indenture,  who  when  duly  a])})ointed 
in  writing  by  the  i)arty  of  the  second  part,  its  successor  or 
successors  in  said  trust,  shall  have  the  rights  and  })owers  con- 
tained in  such  appointment,  not  inconsistent  with  or  in  exces^ 
of  the  i)owers  and  duties  imposed  by  this  indenture  upon  the 
party  of  the  second  i)art. 

When  All  the  said  15onds  and  iuter(*st  tluM’eon,  together 
with  all  costs,  charges  and  ex})enses  sustaimal  in  the  execution 
of  this  trust,  shall  have  been  paid  and  satisti(‘d  by  the  pai*tv  of 
the  first  part,  its  successors  or  assigns,  it  shall  be  immediatelv 
reinvested,  both  in  hiw  and  in  fact,  with  the  title  to  all  of  tht‘ 
j)ro[)erty  hereby  convH^yed. 


In  Witness  AVhereof,  the  said  part}'  of  the  first 
part  has  hereunto  athxed  its  corporate  si‘al,  and 
has  caused  these  i)resents  to  be  attested  by  its 
President  and  Secretary,  at  Jefferson,  Texas, 
this  first  day  of  rhine,  one  thousand  eight  hun- 
dred and  eighty. 


liy  order  of  the  Board  of  Directors. 


Attest: 


By  W.  M.  IIakrisox,  J^resident. 


W.  II.  Cook,  Secretary. 
Signed,  seal(‘d  and  delivered  in 


the  ])resence  of  T.  J.  Ro(iEKs, 


F.  M.  Bri;i{ows. 


276 


THE  xMISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


The  Trustee  named  in  the  foregoing  deed  aeeepts  the  trust 
therein  mentioned,  and  agrees  to  perform  the  case. 

The  Fidelity  Ins.  Trust  &Safe  Deposit  Co.,  Trustee. 

Stephen  A.  Caldwell,  President. 


Attest:  K.  Patterson,  Sedy.  and  Treas. 


State  of  Texas, 


I 


ss. 


Notarial  Certificate 
of  Acknowledgment. 


Be  it  remembered,  that  on  this  22nd  day  of  June,  Anno 
Domini,  one  thousand  eight  hundred  and  eighty,  before  me, 
the  subscriber,  a Notary  Public  in  and  for  the  County  of 
Marion,  State  of  Texas,  personally  appeared  W.  M.  Harrison, 
to  me  personally  known,  and  known  to  me  to  be  the  President 
of  the  within  named  corporation,  the  East  Line  and  Red 
River  Railroad  Company,  who,  being  duly  affirmed,  deposes 
and  says : — 

That  he  Avas  personally  present  at  the  execution  of  the  within 
indenture  of  mortgage,  and  did,  by  authority  of  said  Com- 
pany, officially  affix  the  common  or  corporate  seal  of  the  said 
corporation,  the  East  Line  and  Red  River  Railroad  Com- 
pany, thereto  ; and  that  the  seal  so  affixed  is  the  common  or 
corporate  seal  of  the  said  the  East  Line  and  Red  River  Rail- 
road Company,  and  that  the  foregoing  indenture  of  mortgage 
was  duly  signed,  sealed  and  delivered,  by  and  as  and  for  the 
act  and  deed  of  the  said  the  East  Line  and  Red  River  Rail- 
road Company,  for  the  uses  and  purposes  therein  mentioned; 
and  that  the  signature  of  this  deponent  to  the  said  indenture 
of  mortgage,  as  President  of  the  said  corporation,  is  of  this 
deponent’s  own  proper  handwriting. 

W.  M.  Harrison. 

Affirmed  and  subscribed  before  me, 

( SEAL,  1 ^ , P • 1 

the  day  and  year  aloresaid. 

F.  M.  Burroavs, 
Notary  Public. 


State  of  Texas,  ] 
County  of  Marion.} 


ss. 


Notarial  Certificate  ««  “ remembered,  that  o.i  the  22n(l  clay  of  June,  Anno 
of  Acknowledgment.  One  thousand  eight  hundred  and  eighty,  before  me, 

the  sidiscriber,  a Notary  Public  in  and  for  the  County  of 
Marion,  State  of  Texas,  personally  aiipcared  W.  H.  Cook,  to 
me  personally  knoAvn,  who  being  duly  affirmed  according  to 
law,  deposes  and  says:  — 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


277 


That  lie  is  the  Secretary  of  the  East  Line  and  Red  River 
Railroad  Co^ipany,  the  corporation  named  in  the  above  and 
foregoing  indenture  of  mortgage  ; that  he  was  personally  pres- 
ent at  the  execution  of  the  said  indenture  of  mortgage,  and 
saw  the  corp(5rate  seal  of  said  company  affixed  thereto ; that 
W.  M.  Harrison,  the  President  of  said  Company,  did  then 
sign,  seal,  and  deliver  the  said  indenture  of  mortgage  as  his  act 
and  deed,  and  as  the  act  and  deed  of  said  Company,  by  virtue 
of  the  authority  vested  in  him,  as  such  President,  and  by  a 
resolution  of  the  Board,  to  execute  the  same,  and  desire  that 
the  said  indenture  of  mortgage  might  be  recorded  as  such  act 
and  deed;  that  the  seal  so  affixed  is  the  common  or  corporate 
seal  of  the  said  Company;  that  he,  the  deponent,  at  the  same 
time  signed  his  name  to  the  said  indenture  of  mortgage  as  a 
subscribing  witness  thereto,  and,  as  said  Secretary,  in  attesta- 
tion of  the  due  execution  and  delivery  thereof,  and  that  the 
names  of  the  said  President,  and  of  this  deponent  subscribed  to 
the  said  indenture  of  mortgage,  as  aforesaid,  are  of  their  own 
proper  and  respective  handwriting. 


W.  H.  Cook. 


Affirmed  and  subscri])ed  ])efore  me 
the  day  and  year  aforesaid. 


F.  M.  Burrows, 
Notary  Public. 


[Tlie  foregoing  has  been  carefully  compared  with  the  original 
of  said  mortgage,  now  in  the  i)osscssion  of  tin;  Fidelity  In- 
surance, Trust  and  Safe  l)e[)Osit  Com))any,  Trustee,  and  is  in 
all  rcsi)ects  an  accurate  and  complete  copy  of  said  original  in- 
strument.] 


, /'^jrfFt  i?'^'''  14  -'0^ 


'-.4V 


'■  ""I  ^''  -^ 


'Jm  ■ - -'  «■■  .M '.fc  '-’^ 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 


GENERAL  CONSOLIDATED  MORTGAGE, 


DECEMBER  i,  1880. 


THIS  INDENTURE,  made  the  first  day  of  December,  one  parties, 
thousand  eight  hundred  and  eighty,  between  the  ]\Iissoi  ri, 

Kansas  and  Texas  Railway  Company,  of  the  first  part,  and 
The  Mercantile  Trust  Company,  organized  under  the  laws 
of  New  York,  of  the  second  jiart : 

Whereas,  said  Railway  Company,  under  its  former  name  of  Bonds  of  Union 

the  Union  Racific  Railway  Company,  Southern  Branch,  R>i’ the 

construction  and  CMiuipment  of  its  railroad,  heretofore  issued 

* ^ , Nfort^agetoSagean 

its  bonds  for  the  sum  of  one  thousand  dollars  each,  amounting  Cowdrey,  Trustees, 

• ,1  4.4.  4.1  '*1  x*x*  ’ll'  4-  dated  Nov.  14,  1868. 

in  the  aggregate  to  the  iirmcipal  sum  ot  tour  million,  two 

hundred  and  fifty  thousand  dollars,  and  numbered  from  one 

to  four  thousand  two  hundred  and  fifty,  both  inclusive,  all  of 

which  said  bonds  bear  date  the  fourteenth  day  of  November, 

one  thousand  eight  hundred  and  sixty-eight,  and  are  secured  by 

a trust  deed  or  mortgage  of  the  same  date,  executed  by  said 

Railway  Coinjiany  to  Russell  Sage  and  X.  A.  Cowdrey,  of  the 

City  of  New  York,  and  duly  recorded  in  the  State  of  Kansas, 

conveying  the  right  of  way,  road,  franchises,  property,  real 

and  personal,  and  the  lands  granted  to  said  Railway  Company, 

and  jiroviding  for  the  creation  of  a sinking  fund  for  the  })ay- 

ment  of  said  bonds,  as  by  rcderimci'.  tlnu'eto  will  mor(‘  fully 

appear; 

And  Wliereas,  the  said  Union  Racific  Railway  Company,  change  of  Name  of 
Southern  Branch,  afterwards,  and  in  pursuance  of  the  power 
and  authority  conferred  by  the  laws  of  the  State  of  Kansas, 
changed  its  name  to  the  Missouri,  Kansas  and  Texas  Railway 
Company,  the  ])arty  of  the  first  part  to  this  indenture; 

And  Whereas,  there  are  now  outstanding  of  the  said  bonds 


for  $2,296,000,  out- 
standing. 


thousand  dollars  ( $2,29(),0()() ),  and  no  more; 


( 279  ) 


280 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Bonds  of  Tebo&  And  Whereas,  the  Tebo  and  Neosho  Railroad  Company, 
$2,000,000  under^*’  incorporated  under  an  Act  of  the  General  Assembly  of  the 

Tmsf^otnp^iy  State  of  Missouri,  approved  March  12,  1859,  for  the  purpose. 
Trustee,  dated  June  among  other  things,  of  building,  equipping,  and  operating  a 
’ ^ * railroad  running  from  Sedalia,  in  Pettis  County,  and  State  of 

Missouri,  southwesterly  to  the  boundary  line  between  said 
State  and  the  State  of  Kansas,  did  for  that  purpose  issue  its 
bonds  for  the  sum  of  one  thousand  dollars  each,  amounting  in 
the  aggregate  to  the  principal  sum  of  two  million  dollars,  and 
numbered  from  one  to  two  thousand,  both  inclusive,  all  of 
which  are  dated  the  first  day  of  June,  one  thousand  eight 
hundred  and  seventy,  and  are  secured  by  a trust  deed  or 
mortgage  of  the  same  date,  executed  by  the  said  Company  to 
the  Union  Trust  Company,  of  the  City  of  New  Yprk,  conveying 
the  said  railroad,  its  rights,  franchises,  and  property,  real  and 
})ersonal,  and  providing  for  the  creation  of  a sinking  fund  for 
the  payment  of  said  bonds,  as  by  reference  to  said  trust  deed 
or  mortgage,  duly  recorded  in  the  proper  offices  in  the  State 
of  Missouri,  will  more  fully  appear  ; 

Sale  of  the  Tebo  & And  Whereas,  after  the  issue  of  said  bonds,  and  the  execu- 
^uri^Kans^s^&^^*  mortgage  by  the  Tebo  and  Neosho 

Texas  Ry.  Co.  Railroad  Company,  the  said  Company,  by  virtue  of  the  power 
and  authority  conferred  by  the  statutes  of  the  State  of  Mis- 
souri, sold  the  railroad  above  described,  and  all  the  corporate 
rights  and  franchises  held  and  owned  by  said  Company,  to  the 
Missouri,  Kansas  and  Texas  Railway  Company,  and  the  said 
last  named  conqiany  became  the  owner  thereof,  and  vested 
with  all  the  corporate  rights,  ^lowers,  and  franchises  apper- 
taining thereto,  and  to  the  said  Tebo  and  Neosho  Railroad 
Company,  belonging,  subject  to  the  lien  and  oi)cration  of  the 
trust  deed  or  mortgage  aforesaid  last  described ; 

Bonds  of  Tebo  & Ne-  And  Whereas,  there  are  now  outstanding  of  the  lionds  last 
oS o^sUinSng  described  three  hundred  and  forty-nine  thousand 

($349,000)  dollars,  and  no  more; 

^ And  Whereas,  the  party  hereto  of  the  first  })art  did,  on  or 

Consolidated  Mort-  . . 

gage  to  Union  Trust  about  the  first  day  of  Fe])ruary,  one  thousand  eight  hundred  and 

«eventy-one,  duly  make,  execute,  and  deliver  unto  the  l^nion 

Trust  Company,  of  New  York,  a certain  trust  deed  or  mortgage, 

known  as  a Consolidated  Mortgage,  whereby  the  said  })ai-ty  of 

the  first  part  did  duly  grant,  bargain,  sell,  assign,  transfer,  and 

convey  unto  the  said  party  of  the  second  part,  the  })ro})erty, 

both  real  and  personal,  and  mixed,  and  the  corporate  rights. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


281 


powers,  franchises,  and  })rivileges  therein  set  forth  and 
described,  to  have  and  to  hold  the  same  unto  the  said  Union 
Trust  Company,  its  successor  or  successors,  and  assigns,  in 
trust,  to  secure  the  payment  of  bonds  in  the  sum  of  one  thou- 
sand dollars  ofteh,  amounting  to  the  aggregate  principal  sum 
of  fourteen  millions  of  dollars,  and  numbered  from  one  to 
fourteen  thousand,  both  inclusive,  and  for  the  uses,  intents, 
and  purposes  in  the  said  indenture  of  mortgage  fully  expressed 
and  declared,  as  by  reference  thereto,  duly  recorded,  among 
other  places,  in  the  office  of  the  Recorder  of  the  County  of 
Pettis,  in  the  State  of  Missouri,  will  more  fully  and  at  large 
appear ; 


And  Whereas,  there  are  now  outstanding  of  the  said  above 
authorized  issue  of  fourteen  millions  of  dollars,  l)onds  for  ten  ooo  under  said  Mort- 
millions,  four  hundred  and  ninety  thousand  dollars  ^ 
and  no  more; 


And  AVliereas,  after  the  execution  and  delivery  of  the  said  Additional  Mortgage 
trust  deed  or  mortgage,  the  said  i)arty  of  the  tirst  part  TrSee” June*!  ’ 

acquire  and  become  the  owner  of  certain  other  corporate  rail- 1872. 
road  rights  and  franchises  and  ])ropertv,  real  and  personal, 
and  did  thereupon  proceed,  under  and  pursuant  to  the  Tenth 
Article  of  the  said  mortgage  of  Eebruary  1,  1S71,  to  make  a 
further  issue  of  two  thousand  tiv(‘  hundred  bonds,  in  the  sum 
of  OIK*  thousand  dollars  each,  amounting  to  the  aggregate  prin- 
cipal sum  of  two  millions,  tive  hundred  thousand  dollars,  and 
numbered  from  fouideen  thousand  and  one  to  sixteen  thousand 
tive  hundred,  l)oth  inclusive,  and  did  thereupon  make,  ex(‘cute, 
and  deliver  to  tin*  said  Union  Trust  Com})any  an  additional 
trust  de(‘d  or  moi*tgage,  l)(*aring  date  tin*  tirst  day  of  dune, 
one  thousand  eight  hundred  and  seventy-two,  wlu'reby  tin*  said 
l):irty  of  the  tii'st  i)art  did  bring  in  the  said  certain  other  cor- 
})orate  railroad  rights  and  franchises  and  property,  real  and 
personal,  which  tin*  said  paidy  of  the  tirst  part  did  so  accpiire, 
for  the  i)urpos(‘  and  with  the  intent  of  securing  the  payment 
of  the  said  further  issue  of  bonds,  e(iually  and  alike,  upon  the 
j)roperty  of  the  said  party  of  the  tii'st  })art,  as  by  retVrence  to 
the  said  trust  deed  or  mortgage*,  and  duly  recorded  as  afore- 
said, will  fully  and  at  large  appear; 

And  Wliereas,  the  whole  amount  of  said  last  m(*ntioned  Bonds  for  $2,500,000, 
bonds,  to  wit : two  millions,  tive  hundred  thousand  ( $2, 500, OOO) 

<lollai's,  and  no  more,  are*  outstanding; 


282 


THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


Additional  Mortga^^e  And  Whereas,  afterwards,  and  on  or  about  the  first  day  of 
to  Urfi^n^lVusT^Co.^  One  thousand  eight  hundred  and  seventy-two,  the 

1^^1872^’  ^^^'^•said  party  of  the  first  part,  for  the  purpose  of  providing  for 

the  construction  of  a branch  of  its  railway  from  a point  on 
its  main  line,  at  or  near  Fort  Gibson,  in  the  Indian  Territory, 
to  Fort  Smith,  in  the  State  of  Kansas,  authorized  a further 
issue  of  two  thousand  bonds,  of  one  thousand  dollars  each, 
numbered  from  sixteen  thousand  five  hundred  and  one  to 
eighteen  thousand  five  hundred,  both  inclusive,  and  did  there- 
upon execute  and  deliver  to  the  said  Union  Trust  Company 
under  and  pursuant  to  the  said  Tenth  Article  of  the  said 
mortgage  of  February  1,  1871,  an  additional  trust  deed  or 
mortgage,  bearing  date  the  first  day  of  November,  one  thou- 
sand eight  hundred  and  seventy-two,  and  conveying  all  its 
rights,  franchises,  and  privileges  in  respect  to  said  branch 
railway,  known  as  the  Fort  Smith  Branch,  as  by  reference  to 
said  trust  deed  or  mortgage,  now  being  in  the  proper  custody 
of  said  Union  Trust  Company,  will  more  fully  and  at  large 
appear ; 

Bonds  for $1,182,000,  And  Whereas,  there  are  outstanding  of  said  last  mentioned 

million,  one  hundred  and  eighty-two  thousand 
($1,182,000)  dollars,  and  no  more; 

Further  Additional  And  Whereas,  afterwards,  and  on  or  about  the  first  day  of 
Tru^sTcir  ^Tr^stee  thousand  eight  hundred  and  seventy-three,  the  said 

Junel,  1873.  party  of  the  first  part,  did  acquire  and  become  the  owner  of 

certain  other  corporate  railroad  rights  and  franchises  and 
property,  real  and  personal,  of  the  Hannibal  and  Central 
Missouri  Railroad  Company,  and  did  thereupon  under  and 
pursuant  to  the  said  Tenth  Article  of  said  mortgage  of  Feb- 
ruary 1,  1871,  proceed  to  make  a further  issue  of  one  thou- 
sand four  hundred  bonds,  in  the  sum  of  one  thousand  dollars 
each,  amounting  to  the  aggregate  principal  sum  of  one  million, 
four  hundred  thousand  dollars,  and  numbered  from  sixteen 
thousand  five  hundred  and  one  to  seventeen  thousand  nine 
hundred,  both  inclusive,  and  did  thereupon  make,  execute 
and  deliver  to  the  said  Union  Trust  Company  an  additional 
trust  deed  or  mortgage,  bearing  date  the  first  day  of  June,  one 
thousand  eight  hundred  and  seventy-three,  whereby  the  said 
party  of  the  first  pai’t  did  bring  in  the  said  above  mentioned 
corporate  railroad  rights  and  franchises  and  property,  real  and 
personal,  which  the  said  party  of  the  first  part  did  so  acciuire, 
for  the  purpose  and  with  the  intent  of  securing  the  payment 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


283 


of  the  said  further  issue  of  bonds  upon  the  property  of  the 
said  party  of  the  first  part,  as  by  reference  to  the  said  trust 
deed  or  mortgage,  duly  recorded,  will  fully  and  at  large 
appear ; 


And  Whereas,  the  said  property  thus  acquired  from  the  Hannibal  & Central 
Hannibal  and  Central  Missouri  Railroad  Company,  was  acquired  Mortgaged 
subject  to  two  mortgages  thereon,  amounting  in  all  to  eight  Bonds  for  $800,000 
hundred  thousand  ($800,000)  dollars,  all  of  which  are  now 
outstanding,  but  for  which  a like  amount,  to  wit,  $800,000  of 
the  said  above  mentioned  issue  of  June  1,  1873,  was  set  aside 


and  placed  with  the  Union  Trust  Company,  where  they  now' 
remain  in  trust,  to  exchange  for  the  said  $800,000  of  the 
Hannibal  and  Central  Missouri  Railroad  Company  bonds  ; the  Bonds  for  $600,000 
remaining  six  hundred  thousand  ($600,000)  dollars  of  the  Mortgag^out' 

issue  of  June  1,  1873,  are  now  outstanding;  standing. 


And  Whereas,  the  party  hereto  of  the  first  part,  afterw'ards 
and  on  or  about  the  first  day  of  April,  1876,  did  make, 
execute,  and  deliver  to  the  said  Lliiion  Trust  Company,  as 
Trustee,  a mortgage  of  that  date,  know'ii,  and  generally  desig- Second  or  Income 
nated,  as  the  becond  or  Income  Mortgage  upon  the  seven  Trust  Co., Trustee, 
hundred  and  eighty-six  miles  of  completed  road  then  owned 
and  operated  by  the  said  party  of  the  first  part,  and  the  fran- 
chises pertaining  to  the  said  seven  hundred  and  eighty-six 
miles  of  completed  road;  said  Income  Mortgage  reciting  and 
setting  out  therein  a certain  agreement  of  March  1,  1876,  and 
providing  for  the  purpose  of  carrying  said  agreement  into 
effect  for  the  issue  of  a series  of  bonds  amounting  in  the 
aggregate  to  ten  millions  of  dollars  ($10,000,000); 


And  Whereas,  at  the  date  of  this  indenture  there  have  been  Bonds  for $8,000,000, 
issued  under  the  said  Income  Mortgage  of  April  1,  1876,  bonds 
amounting  to  the  sum  of  eight  millions  of  dollars,  or  there- 
abouts ; 


And  Whereas,  some  further  issue  of  said  Income  Bondsmay  Further  issue  of 
be  hereafter  made,  under  and  pursuant  to  the  said  Income 
Mortgage,  not,  however,  exceeding  the  amount  limited  therein ; 

And  Whereas,  under  the  provisions  of  said  Income  Mort- Past  due  Coupons  on 
gage,  past  due  coupons  and  scrip  certificates  for  such  coupons,  ooolooo^outstan^trig. 
as  provided  in  Sixth  Article  thereof,  are  outstanding  at  the 
date  of  this  indenture  to  the  amount  of  two  millions  of  dollars 
($2,000,000),  or  thereabouts  ; 


284 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Further  Issue  of  And  Whereas,  })ursuant  to  the  [said]  Income  Mortgage,. 
Scrip  may  be  made.  certificates  may  hereafter  be  issued  as  therein 

provided  ; 

?wned^^^^”  Whereas,  by  virtue  of  the  laws  of  the  State  of  Kansas, 

Total,  78C  Miles.  of  the  State  of  Missouri,  of  the  State  of  Texas,  and  of  certain 
laws  enacted  by  the  Congress  of  the  United  States,  the  party 
of  the  first  part  is  the  owner  of  a line  of  railway  completed  and 
operated  between  the  following  points,  to  wit : From  Hannibal, 
in  the  State  of  Missouri,  extending  southwesterly  through  said 
State,  via  Sedalia,  to  and  into  the  southerly  portion  of  the 
State  of  Kansas,  and  to  the  southern  boundary  line  thereof, 
and  thence  through  the  Indian  Territory  to  Denison,  in  the 
the  State  of  Texas;  also,  a line  extending  from  Parsons, 
Kansas,  northeasterly  to  Junction  City,  in  [said]  State  of 
Kansas,  and  also  a line  extending  from  Holden,  Missouri,  to 
Paola,  in  the  State  of  Kansas,  being  in  all  seven  hundred  and 
eighty-six  miles  of  railway,  more  or  less,  and  which  is  herein- 
after more  particularly  described,  and  to  which  the  lien  of  the 
said  mortgages  of  February  1,  1871,  and  April  1,  1876, 
extends  and  is  limited; 

Branches  and  And  Whereas,  the  party  of  the  first  part,  under  and  by  vir> 

conSucted™^^  States  of  Missouri,  Kansas,  and  Texas, 

and  the  Acts  of  Congress  of  July  25  and  26,  1866,  is  entitled 
to  build  or  acquire  branches  and  extensions  of  its  constructed 
and  existing  line  of  railway  ; 

No  Floating  Debt,  And  Whereas,  the  said  party  of  the  first  part  is  free  from 
except,  etc.  Money  floatiiio^  debts,  excei:>t  for  such  amount  as  is  herein  provided  for ; 
Purposes.  but  WHEREAS  the  Said  party  of  the  first  part  will  require  the 

money  herein  contemplated  to  be  raised  in  order  to  exchange, 
retire,  or  provide  for  its  above  recited  existing  bonded  or 
funded  indebtedness,  as  hereinafter  provided,  and  in  order  to 
complete  its  railway  system,  so  that  it  can  transact  the  railway 
business  of  the  rapidly  growing  regions  naturally  tributary  to 
its  lines,  and  for  that  purpose,  as  well  as  to  hold  and  jirotect 
the  value  of  its  franchises,  property  and  business,  the  said 
party  of  the  first  })art  contenqilates  the  construction  and 
acquisition  of  extensions  and  branches  of  its  existing  road, 
includino:  such  extensions  and  branches  as  are  now  authorized, 
and  such  as  may  be  hereafter  autliorized ; the  construction 
and  completion  of  road,  as  aforesaid,  to  include  the  making  of 
betterments  on  existing  or  future  accpiired  or  constructed 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


285 


road;  the  procuring  of  rights  of  Avay,  depot  grounds,  the 
erection  of  machine  shops,  depots,  the  purchase  of  ecjui})- 
ment,  and  tjie  acquiring  of  all  the  usual  appurtenances  of  a 
railway,  and  the  usual  and  proper  facilities  for  the  transaction 
of  the  business  of  its  railway  ; 

And  AVhereas,  the  stockholders  of  the  party  of  the  first  part 
at  their  annual  meeting  held  on  the  19th  day  of  May,  1880, 
adopted  a resolution  authorizing  the  creation  of  a General 
Consolidated  Mortgage  upon  the  franchises  and  property  of  the 
party  of  the  first  part,  to  secure  a contemplated  issue  of  bonds 
to  the  amount  of  forty-five  millions  of  dollars  ($45,000,000), 
for  the  purposes  aforesaid  recited,  and  in  this  instrument 
hereinafter  more  fully  stated  and  described  ; 

And  Whereas,  similar  action  was  taken  by  the  stockholders 
of  the  party  of  the  first  part  at  a special  meeting  thereof  duly 
convened  and  held  at  Parsons,  Kansas,  on  the  17th  day  of 
November,  1880,  authorizing  the  execution  of  this  indenture  ; 

And  Wliereas,  this  indenture  has  also  been  authorized  by 
the  action  of  the  Board  of  Dii*ectors  of  the  part}'  of  the  first 
part ; 

And  Whereas,  in  i)ursuance  of  said  resolution  and  author- 
ity, and  as  authorized  to  do  by  law,  the  i)arty  of  the  first  part 
has  determined  to  issue  said  bonds  to  the  extent  of  forty-five 
millions  of  dollars  ( $45,000, 000),  and  to  secure  the  j)ayment 
of  the  same,  principal  and  interest,  by  this  deed  of  trust  ; tht‘. 
said  bonds  to  be  pjiyable,  principal  and  interest,  in  gold  coin 
of  the  United  States,  of  or  eciual  in  weight  and  fineness  to  the 
present  standard  ; the  said  bonds  to  stand  etjually  and  ratably 
secured  hereby  without  any  })reference  wlnitever  arising  from 
time  of  issue  or  otherwise,  and  to  be  issued  asreciuired  for  tin; 
})urposc[s]  aforesaid,  and  in  manner  and  on  the  conditions  as 
herein  provided,  and  each  of  said  bonds  to  be  duly  executed 
by  and  under  the  seal  of  the  ])arty  of  the  first  part,  signed  and 
attested  by  its  President  and  Secret;iry,  and  the  interest  war- 
rants to  be  authenticated  by  or  with  the  name  of  the  Secretary, 
and  upon  each  of  said  bonds  being  so  signed,  sealed,  executed, 
jind  authenticated,  they  are  to  be  countersigned  or  certified  by 
the  said  l)arty  of  the  second  part  ‘in  its  capacity  as  Trustee, 
which  countersigning  or  certifying  shall  be  conclusive,  and  the 
only  sufficient  proof  that  the  said  bond  is  secured  by  this 


General  Con- 
solidated Mortgage, 
authorized  at  Annual 
Meeting,  May  19, 
1880. 


Special  Meeting  of 
Stockholders  for  this 
Purpose. 


Authorized  by  Board 
of  Directors,  also. 


Ponds  for  $45,- 
000,000  under  this 
Mortgage. 


28G 


tup:  MISSOURI,  Kansas  and  Texas  railway. 


indenture,  and  eaeh  of  which  bonds  is  substantially  in  the  fol- 
lowing form : 

O 

United  States  of  AMEPacA, 

Form  of  Bond.  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 

COMPANY. 


GENERAL  CONSOLIDATED  MORTGAGE  BOND. 

No.  


$1,000. 


Six  per  cent. — 
Gold  — Principal 
and  Interest. 


45,000  Bonds  of 
$1,000  each. 


If  Default  made. 


Stockholders  not 
Personally  Liable. 


Waiver  of  Stay  and 
other  Laws. 


Forty  years  afterdate,  for  value  received,  the  Missouri,  Kan- 
sas AND  Texas  Railway  Company,  a corporation  created  by 
the  laws  of  Kansas,  and  under  the  authority  of  Acts  of  Congress 
and  of  the  Legislatures  of  the  States  of  Alissouri,  Kansas,  and 
Texas,  OMiiing  lines  of  railway  in  said  States  and  through  the 
Indian  Territory,  promises  to  pay  in  gold  coin  of  the  United 
States  of  America,  of  or  equal  to  the  present  standard  of  value, 
to  the  holder  of  this  bond,  or  in  case  this  bond  be  registered, 
then  to  the  registered  owner  thereof,  at  its  financial  agency  in 
the  City  of  New  York,  one  thousand  dollars,  and  also  interest 
thereon,  at  the  rate  of  six  per  centum  per  annum,  payable 
semi-annually  in  like  gold  coin,  on  the  first  days  of  June  and 
December  in  each  year,  on  the  presentation  and  surrender  of 
the  respective  interest  coupons  hereto  annexed  at  the  financial 
agency  aforesaid. 

This  bond  is  one  of  a series  of  forty-five  thousand  bonds,  each 
of  the  denomination  of  one  thousand  dollars,  numbered  from 
one  to  forty-five  thousand  inclusive,  the  payment  of  the  prin- 
cipal and  interest  of  which  is  secured  by  a deed  of  trust,  of 
even  date  herewith,  conveying  to  the  Mercantile  Trust  Com- 
pany, in  trust  for  the  holders  of  said  bonds,  the  entire  railways, 
rolling  stock,  equipment,  franchises,  leaseholds,  lands,  and  land 
grants,  property  and  income  of  said  Company,  as  specified  in 
said  deed  of  trust. 

If  default  shall  be  made  in  the  payment  of  any  semi-annual 
installment  of  interest  on  this  bond  when  the  same  shall  become 
due,  and  be  demanded,  and  shall  remain  unpaid  for  six  months 
after  such  demand,  the  principal  of  this  bond  shall  liecome 
due  and  payable  in  the  manner  provided  in  the  said  deed  of 
trust.  The  said  Com})any  and  all  of  its  property  is  liable  to 
pay  this  bond,  but  stockholders  of  the  Company  are  not  indi- 
vidually liable  thereon  or  in  respect  thereto. 

Said  Comi)any  hereby  waives  the  benefit  of  any  extension, 
stay,  or  appraisement  laws  now  existing,  or  that  may  hereafter 
exist. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


287 


This  bond  is  to  be  valid  only  when  authenticated  by  a eerti- Certification  by 
ficate  indorsed  hereon,  signed  by  the  Trustee,  to  the  effect 
that  it  is  one  of  the  bonds  secured  by  the  said  deed  of  trust. 

In  Witness  Whereof,  the  said  Company  has  caused 
its  corporate  name  to  be  hereto  signed  by  its 
President,  and  its  corporate  seal  to  be  hereunto 
affixed,  attested  by  its  Secretary,  this  the  first 
day  of  December,  1880,  and  the  annexed  interest 
coupons  to  be  executed  with  the  engraved  signa- 
ture of  its  Secretary. 

Missouri,  Kansas  and  Texas  Railway  Company. 

By , President. 

Attest : 

, Secretary. 

Form  of  Coupon  or  Interest  Warrant. 

No. $30.00. 

The  Missouri,  Kansas  and  Texas  Railway  Company  will  coupon 

pay  the  bearer,  at  its  financial  agency  in  the  City  of  New 
York,  Thirty  Dollars  in  United  States  gold  coin,  ou  the 
day  of  188  , being  six  months’  interest  then 

due  on  its  General  Consolidated  Mortjjajje  Bond,  No. 

, Secretary . 

And  each  and  of  said  bonds  shall  have  indorsed  thereon  the 
following  Certificate  of  the  Trustee. 


“ Trustee’s  Certificate.” 

“ It  is  hereb}"  certified  that  the  within  bond  is  one  of  the  Trustees’ Certificate, 
bonds  secured  by  the  said  deed  of  trust  within  mentioned. 

, Trustee.'' 

Which  said  bonds  shall  also  have  indorsed  thereon  the  fol- 
lowing, viz : 

“This  bond  shall  pass  by  delivery  or  by  transfer  on  the 
books  of  said  Company  in  the  City  of  New  York  ; after  regis- 
tration  of  ownership  certified  hereon  by  the  transfer  agent  of 
said  Company,  no  further  transfer  except  on  the  books  of  the 
Company  shall  be  valid,  unless  transferred  to  bearer  on  said 
books,  after  which  this  bond  shall  })ass  by  delivery  as  at  first, 
but  shall  continue  subject  to  registration  and  transfer  to 
liearer  successively,  at  the  option  of  each  holder.” 


288 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


This  Indenture  Now,  Tlierefore,  this  Indenture  Witnesseth,  that  the  said 

conveys  party  hei^eto  of  the  first  part,  for  and  in  consideration  of  the 

premises,  and  of  the  sum  of  one  dollar  to  it  duly  paid  by  the 
party  hereto  of  the  second  part,  and  in  order  to  secure  the 
payment  of  the  principal  and  interest  of  the  bonds  secured 
hereby,  according  to  the  tenor  thereof,  and  in  the  manner 
herein  provided,  hath  granted,  bargained,  sold,  assigned, 
transferred,  and  conveyed,  and  by  these  presents  doth  grant, 
bargain,  sell,  assign,  transfer,  and  convey  unto  the  said  party 
of  the  second  part,  its  lawful  successor,  or  successors,  in  the 
trust  hereby  created,  and  assigns. 


Road  from  Junction  FiRST.  — All  and  Singular  the  Railroad,  as  the  same  is 

operated,  extending  from  Junction  City,  in 
Davis  County,  and  State  of  Kansas,  down  the  Valley  of  the 
Neosho  River,  through  the  Counties  of  Davis,  Morris,  Lyon, 
Coffee,  Woodson,  Allen,  Neosho,  and  Labette,  to  a point  on 
the  southern  boundary  line  of  said  State,  between  the  Neosho 
^ River  and  the  western  boundary  of  Labette  County,  a distance 
of  one  hundred  and  eighty-two  miles,  more  or  less. 


Lands  granted  in 
Aid  of  Construction 
of  Union  Pacific  Ry., 
Southern  Branch. 


Lands  acquired 
under  Act  of  Con- 
gress, of  Sept.  4, 
1841. 


And  also,  all  the  right,  title,  and  interest  which  the  party  of 
hrst  part  has,  by  reason  of  construction  of  said  line  of  said 
road,  to  and  in  any  land  or  lands  heretofore  granted  by  any 
act  of  Congress  to  the  State  of  Kansas  to  aid  such  construction, 
the  said  lands  being  the  same,  or  so  much  thereof  as  remain 
unsold  at  the  date  hereof,  which  were  granted  by  acts  of 
Congress  to  the  State  of  Kansas,  and  by  said  State  to  the 
Union  Pacihc  Railway,  Southern  Branch,  as  set  forth  in  the 
said  mortgage  executed  by  the  party  of  the  lirst  part  to  the 
LTnion  Trust  Company,  bearing  date  February  1,  1871,  to 
which  reference  is  hereby  made,  and  also  all  the  right,  title,  and 
interest  of  the  said  party  of  the  first  part  in  and  to  the  proceeds 
of  such  of  said  lands  as  may  have  been  sold,  which  heretofore 
belonged  to  the  said  Railway  Company,  or  in  which  the  said 
Company  was  in  any  way  interested,  and  which  are  now  unex- 
pended and  unapplied  ; and  also  all  the  right,  title,  and  interest 
of  the  said  party  of  the  first  part  in  and  to  any  proceeds  of 
lands  granted  to  the  State  of  Kansas  by  act  of  Congress, 
entitled  “An  Act  to  appropriate  the  proceeds  of  the  sale  of 
public  lands,  and  to  grant  pre-emption  rights,”  approved  Sep- 
tember 4,  1841,  and  heretofore  sold  by  said  State,  under  and 
by  virtue  of  an  act  of  the  Legislature  of  the  State  of  Kansas, 
entitled  “An  Act  providing  for  the  sale  of  j)ublic  lands  to  aid 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


289 


in  the  construction  of  certain  railroads,”  approved  February 
23, 18G()^  and  also  all  the  right,  title,  and  interest  of  the  party 
of  the  lirst  part  in  and  to  such  of  the  lands  granted  by  the 
act  of  Congress  aforesaid,  which  were  heretofore  sold  and 
conveyed  by  the  State  of  Kansas  to  the  Land  Grant  Railway 

1 11  . 1 1 ^ 1 Land  Grant,  Kaihvay 

and  I rust  Company,  and  by  said  Company  to  the  party  of  the  and  Trust  Co. 
first  part,  together  Avith  all  and  singular  the  tenements,  here- 
ditaments, rights,  privileges,  easements,  income,  advantages, 
and  appurtenances  to  the  said  lands  and  jiremises  belonging  or  in 
anywise  appertaining,  and  the  reversion  and  reversions,  remain- 
der and  remainders,  rents,  issues,  and  profits  thereof  ; and  also 
all  the  estate,  right,  title  and  interest,  property,  claim  and 
demand  Avhatsoever,  at  law  or  in  ecpiity,  of  the  said  party  of 
the  first  part,  of,  in,  and  to  the  same,  and  any  and  every  part 
or  parcel  thereof  situate  in  the  State  of  Kansas. 

Second.  — Also,  all  and  singular  the  said  line  of  railroad , Road  from  State 
constructed  and  operated  from  the  said  southern  boundary  hue 
of  the  State  of  Kansas,  southerh’  through  the  Indian  Terri- 
tory,  to  the  southern  [northern]  boundary  line  of  the  State  of 
Texas,  to  a point  at  or  near  the  town  of  Denison,  in  said  State, 
a distance  of  two  hundred  and  fifty  miles,  more  or  less;  and 
also  all  the  right,  title,  and  interest  which  the  party  of  the  first 
part  now  has  or  may  hereafter  acquire  by  reason  of  construct- 
ing the  extension  of  the  said  line  of  railroad  through  the  Indian 
Territory,  in  and  to  any  lands  granted  by  the  acts  of  Congress 
aforesaid,  or  which  the  said  i)arty  of  the  first  part  now  has  oi* 

. ^ ‘ ^ Acquisitions  trom 

may  hereafter  accpiire,  under  and  by  virtue  of  a treaty  or  Indian  Nations. 

treaties  from  any  Indian  nation  or  tribe,  or  otherwise,  howso- 
ever, appertaining  to  the  aforesaid  extension,  together  with 
all  the  I’ights,  privileges,  tenements,  hereditaments,  and 
appurtenances  that  may  belong  or  appertain  thereto  ; the 

,1  ^ , , . / . ’ Ten  Alternate  Sec- 

laiul  granted  under  said  acts  (')t  Congress  being  ten  alternate  tions  granted  by 
sections  of  land  on  each  side  of  said  railroad.  Acts  of  Congress. 

Whereas,  the  party  of  the  first  jiart  in  the  mortgage  of  the  ^tortgage  of  Union 
-i*  LI  I 11  I /.  XT  Pacific  Railway 

I'nion  l^acihc  Railway  Company,  Southern  Branch,  of  No- Company,  Southern 

vemhe,'  14th,  1 8.is,  t„  Russoll  ' Sajro  an.l  N.  A.  Cowdrey, 

Trustees,  included  therein,  among  other  property,  the  lands 
ther(*in  described ; 

AimI  Whereas,  the  party  of  the  first  part  in  the  «aid 
mortgage  of  February  I,  1871,  to  the  said  Union  Trust  C>)m-T-  Ry.  Co.  to  Union 
pany  incliuhal  among  other  projierty,  the  lands  and  land  grants  Feb!*  1,  ish. 
therein  mention(‘d  and  described; 


290 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Bonds  outstanding 
under  said  Mort- 
gages. 

Sale  of  Lands  under 
said  Mortgages. 


Proceeds  how 
applied. 


Execution  of  Deeds 
to  Land  by  this 
Trustee. 


Lands  not  subject  to 
this  Mortgage,  while 
Prior  Mortgages  are 
in  Existence. 


I 


Sales  of  Lands  by 
this  Trustee  under 
Terms  of  9th  Article 
of  Mortgage  of  Feb. 
1,  1871. 


Anti  Whereas,  bonds  under  the  two  last  named  mortgages 
remain  outstanding  and  unpaid  as  hereinbefore  recited ; 

And  Whereas,  provision  is  made  in  the  said  mortgages  in 
respect  to  the  sale  of  said  lands,  and  the  appropriation  of  the 
proceeds  thereof  to  the  payment  of  the  bonds  secured  by  the 
said  several  mortgages  in  manner  and  form  as  therein  respec- 
tively set  forth ; 

And  Whereas,  the  proceeds  of  said  sale  are,  in  law,  appli- 
cable to  the  payment  of  the  bonds  under  the  said  mortgages 
before  any  portion  thereof  can  be  applied  to  or  taken  for  the 
payment  of  bonds  issued  under  this  indenture ; 

And  Whereas,  while  the  bonds,  or  any  portion  of  them, 
under  the  said  two  mortgages,  are  outstanding  and  unpaid,  it 
would  cause  inconvenience  and  trouble  to  require  all  contracts, 
deeds,  and  conveyances  to  be  signed  by  the  Trustee  under  this 
indenture  ; 

Now  it  is  Expressly  Agreed  by  and  between  the  parties 
hereto,  that,  while  any  of  the  bonds  under  the  said  two 
mortgages,  or  either  of  them,  above  mentioned,  remain  out- 
standing and  unpaid,  the  lands  in  the  said  mortgages  described, 
or  any  part  of  them,  may  be  sold  in  accordance  with  the  pro- 
visions in  the  said  mortgages  contained,  and  the  proceeds 
applied  to  the  payment  of  the  bonds  secured  thereby,  the  same 
as  if  this  indenture  had  not  been  made,  and,  as  to  the  same, 
this  indenture  shall  constitute  no  lien  after  such  sale  has  been 
made  upon  the  lands  in  the  hands  of  the  purchaser  or  pur- 
chasers thereof,  and  no  release  or  conveyance  by  the  party  of 
the  second  part  hereto  is  or  shall  be  necessary  to  give  title  to 
the  purchaser  or  purchasers  thereof,  free  from  the  lien  of  this 
indenture,  any  thing  in  the  above  clauses  First  and  Second  to 
the  contrary  notwithstanding. 

And  it  is  further  Expressly  Agreed  by  and  between  the 
parties  hereto,  that  when  the  bonds  secured  by  the  said  two 
mortgages  above  mentioned  are  fully  paid  or  retired  and  can- 
celled, and  the  said  mortgages  satisfied,  that  then  and  in  such 
case  all  of  the  provisions  of  the  Ninth  Article  of  the  said  mort- 
gage of  February  1,  1871,  shall  be  considered  and  taken  as  a 
part  of  this  instrument  as  fully  to  all  intents  and  purposes  as  if 
it  were  incorporated  herein,  substituting,  however,  the  party  of 
the  second  part  hereto  in  the  place  of  the  said  Union  Trust 
Company,  and  the  bonds  issued  hereunder  in  place  of  those 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILW  AY. 


291 


issued  under  the  same  mortgage  of  February  1 , 1871 ; provided 
however,  that  the  proceeds  of  the  sales  of  said  lands,  less  taxes 
and  the  expenses  of  selling  said  land,  shall  be  used  to  pay  the 
interest  on  the  bonds  secured  hereby  as  the  same  shall,  from 
time  to  time,  fall  due. 

Third.  — All  and  Singular  the  Railroad,  as  the  same  is  now  Road  from  Sedaliato 
constructed,  extending  from  Sedalia,  in  Pettis  County,  in  tbe 
State  of  Missouri,  to  the  western  boundary  of  said  State, 
distance  of  one  hundred  miles,  more  or  less,  being  the  railroad 
acquired  by  the  party  of  the  first  part  by  purchase  from  the 
Tebo  and  Neosho  Railroad  Company,  as  hereinbefore  men- 
tioned. 

Fourth.  — All  and  Singular  the  Railroad,  which  the  party  Road  from  Parsons 
of  the  first  part  acquired  from  the  Labette  and  Sedalia  Railway  between^Kan^ar  and 
Company,  which  is  noAv  constructed  from  the  town  of  Parsons,  Missouri,  60  Miles, 
in  Labette  County,  in  the  State  of  Kansas,  on  the  mainline  of 
the  railroad  of  the  party  of  the  first  part,  northeasterly,  through 
Labette,  Neosho,  Crawford,  and  Bourbon  Counties,  to  the 
boundary  line  between  the  States  of  Kansas  and  Missouri,  and 
to  the  point  in  said  boundary  line,  where  the  same  intersects 
the  railroad  ac(juired  by  the  said  party  of  the  first  part,  from 
the  Tebo  and  Neosho  Railroad  Company,  as  aforesaid,  a 
distance  of  sixty  miles,  more  or  less. 

Fifth.  — All  and  Singular  tlie  Railroad  constructed  from  Road  from  Holden 
the  town  of  Holden,  on  the  Missouri  Pacific  Railroad,  in  the  , 

’ between  Kansas  and 

County  of  dohnson.  State  of  Missouri,  thence  into  and  through  Missouri,  38  Miles, 
the  municipal  township  of  Camp  Branch,  jind  into  and  through 
the  municipal  townshij)  of  Grand  River,  and  into  and  through 
the  corporate  limits  of  the  City  of  Harrisonville,  in  Cass 
County,  and  thence  to  the  western  boundary  line  of  the  State 
of  Missouri,  in  the  direction  of  the  town  of  Paola,  in  the  State 
of  Kansas,  a distance  of  about  thirty-eight  miles,  subject  to 
the  existing  lease  thereof  to  the  Missouri  Pacific  Railway  Com- 
pany, together  with  all  lands,  tenements,  and  hereditaments 
accpiired  or  to  be  acquired,  for  rights  of  Avay  for  the  said  portion 
of  railroad  hereby  conveyed,  and  all  the  appurtenances  thereto 
belonging,  and  also  all  lands  acquired  and  appropriated,  or  to 
be  acquired  and  ai)propriated,  for  depots,  superstructures, 
buildings,  erections,  and  fixtures  on  the  said  line  of  railroad, 
and  all  tracks,  bridges,  viaducts,  culverts,  fences,  and  all 
houses  and  buildings  thereon  or  appertaining  thereto. 


292 


THK  MISSOUKI,  KANSAS  AND  TEXAS  KAILWAY. 


Road  from  state  SixTii. — 8o  iiiucli  of  the  Line  of  Railway  heretofore 

Line,  West,  15  Miles.  Neosho  Valley  and  Holden  Kailway  Company, 

and  liereto[fore]  consolidated  and  made  one  corporation,  with 
and  under  the  name  of  the  party  hereto  of  the  first  part  as 
extends  from  the  i)oint,  on  the  eastern  boundary  line  of  the 
State  of  Kansas,  where  the  railway  last  above  mentioned 
crosses  said  boundary  line  from  Cass  County,  Missouri,  to  the 
town  of  Paola,  Kansas,  a point  on  the  line  of  said  road,  dis- 
tant fifteen  miles  westerly  from  said  boundary  line,  subject  to 
the  lease  last  aforesaid  mentioned,  together  with  all  lands, 
tenements,  and  hereditaments  acquired  or  to  be  acquired  for 
rights  of  way  for  the  said  portion  of  railroad  hereby  conveyed, 
and  all  api)urtenances  thereto  belonging,  and  also  all  lands 
acquired  and  appropriated,  or  to  be  acquired  or  appropriated, 
for  depots,  superstructures,  buildings,  erections,  and  fixtures 
on  the  said  line  of  railroad,  and  all  tracks,  bridges,  viaducts, 
culverts,  fences,  and  all  houses  and  buildings  thereon  or 
a})pertaining  thereto. 

Road  from  Sedalia to  SEVENTH. — All  and  Singular  the  Railroad  of  the  party 
Moberl\, -2  Miles,  Qf  part,  HOW  constructed  and  in  operation, 

extending  from  Sedalia,  in  the  State  of  Missouri,  northerly  to 
Moberly,  in  said  State,  a distance  of  seventy-two  miles,  being  a 
part  of  the  railroad  of  the  Tebo  and  Neosho  Kailroad  Company, 
conveyed  to  the  said  party  of  the  first  part,  more  particularly 
described  in  the  first  additional  mortgage,  made  by  the  i)arty 
of  the  first  part,  to  the  said  Union  Trust  Company,  dated  June 
1,  1872,  to  which  reference  is  hereby  made,  together  with  all 
the  rights,  powers,  })rivileges,  and  franchises  belonging  or  in 
anywise  appertaining  thereto. 

. f TT  11  Eighth. — The  Entire  Railroad  of  and  belonging  to  the 
Road  from  Hannibal  ^ ^ . 

to  Moberly,  70  Miles.  «^aid  party  of  the  first  part,  situate,  lying,  and  being  and 
extendino;  from  its  eastern  terminus  in  the  Citv  of  Hannibal, 
in  the  State  of  Missouri,  westerly  through  the  Counties  of 
Marion,  Kalis,  and  Monroe,  to  the  town  of  Moberly,  in  the 
County  of  Kandolph,  as  the  same  has  been  heretofore  and  is 
now  constructed,  maintained  and  operated,  being  seventy  miles 
in  length. 

All  Lands.  And  also,  all  lands  and  real  estate  of  every  kind  and  miture, 

and  wheresoever  the  same  may  be  situate,  of  or  belonging  to 
the  said  party  of  the  first  part,  and  owned,  used,  occupied, 
and  enjoyed  in  the  construction,  maintenance,  and  operation  of 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


293 


said  last  described  railroad,  together  with  all  depots,  station- 
houses,  freight-houses,  car-houses,  machine-shops,  cattle  Buildings, 
yards,  all  other  buildings,  erections,  tenements,  structures, 
and  tixtures,  and  all  machinery,  tools,  rails,  ties,  tracks, 
bridges,  viaducts,  culverts,  fences,  other  constructions  or 
superstructures  to  the  said  railroad  belonging  or  appertaining 
thereto . 

All  of  the  said  aforesaid  described  Railroads  taken  Total,  786  Miles, 
too^ether  beino:  about  seven  hundred  and  emhtv-six  miles  in 
lenorth. 

Any  Land  or  Land  Scrip  Certificates  to  which  the  party  Lands  and  Land 
of  the  first  part  is  or  may  hereafter  be  entitled,  or  shall  receive  Texas, 

by  reason  of  the  construction  of  railroad  in  Texas,  are  not 
covered  by  this  indenture  or  the  lien  thereof,  but  may  be  sold 
by  said  party  of  the  first  part,  which  party,  however,  hereby 
covenants  to  use  the  proceeds  of  any  such  sale  strictly  in  pay- 
ment of  the  interest  or  })rincipal  of  the  bonds  issued  under 
and  secured  by  this  indenture. 

NiNTir. — And  also  All  the  followinj*  Property,  real  uihU,  , . , 

Certain  other  Real 

personal,  now  owned,  or  which  may  be  at  any  time*  hereafter  and  Personal  Prop- 
acepiired  by  the  party  of  the  first  })art,  for  the  use  of  any  or^^^^‘ 
all  the  i-ailroads  above  described,  namely,  all  the  lands,  tene- 
ments, and  hereditaments,  and  rights  of  way,  and  all  lands 
appropriated  for  (h‘})ots,  superstructure's,  buildings,  erectieins, 
and  fixture's;  and  also  all  tracks,  bridges,  viaducts,  culverts, 
fences,  and  other  structures,  ek'tiots,  engine-houses,  car-houses, 
freight-houses,  weiod-houses,  and  other  buildings;  and  all 
machine-shops  and  edher  shops;  and  also,  all  loceimotives, 
tendei's,  cars,  and  other  rolling  steick  or  eepiipments,  and  also, 
all  machinery,  te)ols,  implements,  fuel,  sup[)lies,  and  materials 
for  ce)nstiucting,  e)})erating,  repairing,  e)r  re})lacing  the  saiel 
railroads,  e)r  any  e)r  either  e)t‘  them;  and  alsee,  all  cori)()rate 
and  e)ther  franchises,  powers,  rights,  and  privileges  now  held 
and  owned  by  tlie  party  of  the  first  part,  i)ertaining  to  the  said 
seven  hundred  and  eighty-six  miles  of  constructed  road. 

AihI  Wlierea.s,  the  partv  of  the  first  ])art,  under  and  bv'  , , . , 

; ^ Extensions  and 

virtue  of  the  laws  of  the  States  of  Kansas,  Missouri,  and  Branches  in  States 

Texas,  and  the  aforesaid  Acts  of  Congress  of  duly  25  and  Territories. 

18()(),  is  entitled  to  build  or  acipiire  by  iiurchase,  consolidation, 

or  otherwise,  extensions  and  branches  of  its  said  road  in  the 

[said]  States  and  in  the  Indian  Territory; 


294 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Act  of  Aug.  2,  1870, 
authorizing  Exten- 
sions in  Texas. 


May  consolidate  with 
other  Companies. 


Extension  to  the  Rio 
Grande. 


Franchises  not  cov- 
ered by  Mortgages  of 
Feb.  1,  1871,  and 
April  1,  1876. 


Bonds  for  building 
and  acquiring 
Branches,  etc. 


This  Indenture  also 
conveys. 


And  Whereas,  the  party  of  the  first  part  under  the  Act  of 
the  Texas  Legislature  passed  August  2,  1870,  is  authorized  to 
extend  its  railroad  from  its  present  terminus  at  Denison 
through  the  State  of  Texas  to  the  Rio  Grande  River,  with  a 
view  of  extending  the  same  to  the  City  of  Mexico,  and  has 
also  the  right  to  construct  branches  in  the  said  State  of  Texas 
by  virtue  of  said  last  mentioned  Act,  and  the  right  to  purchase, 
join  stocks  and  unite  or  consolidate  Avith  any  connecting  rail- 
road company  with  the  approval  and  consent  of  a majority  in 
interest  of  the  stockholders,  and  to  acquire  and  merge  into 
itself  all  or  any  part  of  the  property,  rights,  and  privileges  and 
franchises  of  such  [other]  company  as  therein  provided  ; 

And  Whereas,  the  said  party  of  the  first  has  resolved  to 
extend  its  line  to  the  Rio  Grande,  either  by  direct  or  sole  con- 
struction on  its  own  account,  or  by  joint  construction  or 
arrangement,  with  other  companies  as  may  be  found  most 
expedient,  and  likcAvise  to  build  or  acquire  other  branches  and 
extensions  in  Texas  and  elsewhere ; 

And  Whereas,  franchises  pertaining  to  road  not  now  con- 
structed are  not  embraced  in  the  said  mortgages  of  February 
1st,  1871,  and  April  1st,  187(1,  which  point  has  been  so 
adjudged  and  decided  by  the  United  States  Circuit  Court  for 
the  District  of  Kansas. 

And  Whereas,  to  provide  the  means  for  building  and  acquir- 
ing such  branches  and  extensions,  an  issue  of  bonds,  to  be 
secured  by  this  indenture,  at  the  rate  of  not  exceeding  twenty 
thousand  dollars  per  mile  of  road,  has  been  authorized  by  the 
Board  of  Directors  and  by  the  stockholders  of  the  pai’ty  of  the 
first  part,  at  the  meetings  hereinbefore  referred  to; 

Now,  Therefore,  the  said  party  of  the  first  part  (in  addition 
to  the  seven  hundred  and  eighty-six  miles  of  road  hereinbefore 
particularly  described,  in  respect  to  Avhich  the  said  mortgages 
of  February  1st,  1871,  and  April  1st,  1876,  to  the  extent  of 
all  valid  and  subsisting  indebtedness  thereunder  or  authorized 
thereby,  are  prior  in  lien  to  this  indenture),  doth,  by  these 
presents,  grant,  bargain,  sell,  assign,  transfer,  and  convey  unto 
the  said  party  of  the  second  part  herein,  all  of  its  franchises 
under  the  said  Texas  Act  of  August  2d,  1870,  before  referred 
to,  in  respect  to  the  line  of  road  to  be  constructed  or  accjuired, 
from  the  existing  terminus  of  its  road  at  Denison  to  the  Rio 
Grande,  and  all  branches  which  it  is  authorized  or  may  here- 


THE  IMISSOURl,  KANSAS  AND  TEXAS  RAILWAY 


295 


after  be  autliorized  to  construct  in  the  State  of  Texas,  and  in 
the  Indian  Territory,  and  in  the  States  of  Missouri,  Kansas  and 
elsewhere,  and  all  and  singular  its  railroads  and  branches  to  be 
constructed  or  acquired  under  its  existing  charters,  constituent 
acts,  or  any  amendments  thereof,  and  also  including  in  the 
grant  and  conveyance  herein  and  hereby  made,  all  roads  now 
owned  by  it  and  all  that  it  m.ay  hereafter  own,  whether  built 
by  itself  or  acquired  by  purchase,  consolidation,  or  otherwise, 
and  all  leasehold  rights  which  may  be  acquired  in  other  roads, 
and  all  rights  acquired  or  to  be  acquired  in  other  roads,  under 
contracts  for  the  sole  or  joint  use  thereof  by  the  party  of  the 
first  part,  and  also  all  the  lands,  tenements,  .and  hereditaments 
acquired  or  .appropriated,  or  which  may  hereafter  be  acquired 
or  approriated,  for  the  purpose  of  a right  of  way  for  said  rail- 
road, its  extensions  and  branches,  and  all  the  easements  or 
appurtenances  thereunto  belonging  or  in  anywise  appcrtainiim, 
and  all  railways,  w.ays,  and  rights  of  way.  dtqiot  grounds,' 
tracks,  bridges,  viaducts,  culverts,  fences,  and  other  struc- 
tures, depots,  station-houses,  engine-houses,  car-houses, 
freight-houses,  wood-houses,  warehouses,  machiue-shops,’ 
work-shops,  superstructures,  erections,  and  fixtures,  whether 
now  held  or  hereafter  at  any  time  acijuired  for  the  use  of  said 
railroad,  its  extensions  and  branches,  or  in  connection  there- 
with, or  the  business  thereof,  also  all  loeomotives,  tenders, 
cars,  and  other  rolling  stock  or  eipiipments,  and  all  rails,  ties 
chairs,  and  machinery,  tools,  implements,  fuel,  and  materials 
whatsoever,  for  or  in  respect  of  the  eonstruetinjr,  operatiim 
repairing,  or  rei.lacing  said  railroa.l  or  anv  part  thereof  or 
convenient  or  necessary  [for  use]  for  the  purposes  theri’of, 
whether  now  held  and  owne.l  or  hereafter  to  be  acquired  by 
the  said  party  of  the  first  part,  together  with  all  th(>  eiuiip- 
ments  or  aiqmrtenances  whatseover  thereunto  belomdn.r 
whether  now  hold  or  hereafter  ae.,uired,  and  all  franehises'’eon- 
nected  with  or  relating  to  said  railroad,  its  extensions  and 
branches,  or  the  construction,  maintenance,  or  use  thereof, 
now  held  or  hereafter  acquired  by  the  jiarty  of  the  first  pai  t,’ 
am  all  corporate  franchises  of  any  nature  relating  thereto, 
me  hiding  the  franchise  to  be  a corporation  and  operate  said 
lailroad,  which  are  now  or  may  hereafter  be  iiossessed  or 
exercised  by  the  iiarty  of  the  first  part,  together  with  all  and 
singular  the  endowments,  income  and  advantages,  teiicments, 
hereditaments,  and  appurtenances  to  the  above-mentioned  rail- 
road premises  or  proiierty  belonging  or  in  any  wise  ap|)ortain- 


Branches  authorized 
to  be  constructed  in 
Missouri,  Kansas, 
Texas,  and  Indian 
Territory. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


29(> 


ing,  and  the  reversion  and  reversions,  remainder  and 
remainders,  tolls,  incomes,  rents,  issues,  and  profits  thereof; 
and  also  all  the  estate,  right,  title,  interest,  property,  posses- 
sion, claim,  and  demand  whatsoever,  inlaw  as  well  as  in  equity, 
present  or  prospective,  of  the  said  party  of  the  first  part,  of, 
in,  and  to  the  same  and  every  part  and  parcel  thereof , with  the 
appurtenances ; 

To  have  and  to  hold.  To  Have  and  to  Hold,  the  above  described  premises,  prop- 
erty, rights,  franchises,  and  appurtenances  and  unto  the  party 
of  the  second  part,  and  its  successors  and  assigns  forever,  to 
the  only  proper  use,  benefit,  and  behoof  of  the  party  of  the 
second  part,  its  successors  and  assigns. 

In  Trust.  In  Trust,  Nevertheless,  for  the  equal  py'O  rata  benefit  and 

security  of  all  and  every  the  persons  or  corporations  who  may 
be  or  become  holders  of  any  of  the  bonds  issued  hereunder, 
without  any  preference  or  priority  of  any  one  bond  over 
another,  or  by  reason  of  priority  in  time  of  issue  or  of  nego- 
tiation thereof,  or  otherwise,  and  for  the  uses  and  purposes 
herein  declared  and  expressed. 

Taxes,  etc.,  to  bei . The  said  Railway  Company,  the  said  party  of  the  first  part, 
char^ed1)^Granfor' covenants  and  agrees  to  and  with  the  said  Trustee,  the 
said  party  of  the  second  part,  for  the  benefit  of  the  bond- 
holders secured  hereby,  that  it  Avill  pay  all  lawful  taxes  and 
assessments  upon  said  property  hereby  mortgaged,  at  any  time 
legally  levied  and  assessed  thereon;  that  it  will  suffer  no 
mechanics’,  statutory,  or  laborers’  liens,  which  shall  have 
priority  to  this  mortgage,  to  be  created  or  placed  on  any 
part  or  portion  of  said  railways,  or  any  part  of  the  estate 
and  property  hereby  mortgaged,  to  the  end  that  the  priority  of 
this  indenture  shall,  at  all  times,  be  maintained;  that  it  shall 
and  will,  at  all  times,  when  demanded  by  the  Trustee,  keep 
Insurance.  insured  its  rolling  stock,  tools,  and  machineiy,  its  buildings, 

bridges,  and  all  other  structures  erected,  or  to  be  erected, 
on  the  aforesaid  premises,  and  all  other  property  provided 
for  use  in  connection  with  the  said  railways  herein  described 
usually  insured  ly'  railway  companies,  and  in  the  same  manner, 
and  to  the  same  extent ; and  that  it  shall  and  will  diligently  pi’e- 

, . serve  all  the  riMits  and  franchises  to  it  ji'ranted  and  111)011  it  con- 

Franchises  pre-  ^ ^ . 

served.  ferred,  and  shall  and  will,  at  all  times,  maintain,  preserve,  and 

keep  the  same,  and  every  part  thereof , with  the  rolling  stock, 
fixtures,  and  a})])urtenances,  and  every  ])art  and  parcel  tluMvof, 
in  good  repair,  working  order,  and  condition,  and  supplied  with 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


297 


nil  necessary  motive  power,  rolling  stock  and  ecpiipment,  and 
shall  and  will,  from  time  to  time,  make  all  needfid  and  proper 
repairs,  renewals,  and  replacements,  usefid  and  proper  altera- 
tions,  additions,  betterments,  and  improvements. 


And  the  said  Railway  Company  further  covenants,  that  it  Bonds  to  be  issued 
will  not  issue,  negotiate,  sell,  or  otherwise  dispose  of  the  con-y[Ijed.^* 
solidated  bonds  to  be  issued  hereunder,  in  any  manner  incon- 
sistent with  the  provisions  of  these  presents  and  its  coA^enants 
and  agreements  in  that  behalf  herein  contained,  and  that  it  will 
apply  the  proceeds  thereof  exclusively  for  the  purposes  herein 
stated  and  provided  for. 


And  for  the  purpose  of  securing  to  the  holders  of  any  of  the  Certification  of 
said  bonds  to  be  issued  hereunder,  that  none  of  said  bonds  Trustee, 

shall  be  issued  except  as  herein  provided,  it  is  hereby  stipu- 
lated and  agreed  by  the  said  party  of  the  first  })art,'tiiat  the 
said  Trustee  herein,  or  his  successor  or  successors  in  said 
trust,  shall  certify  and  deliv'er  said  bonds  only  as  follows:  — 


Section  EntST.  — l^onds  Xunibered  from  One  to  Twenty-  Bonds  Nos.  1 to  2296 
Two  Hundred  and  Xinety-six,  both  inclusive,  amounting  in  Pa! 

the  aggre<^ate  to  two  million,  two  hundred  and  ninetv-six  Co.,  South- 

thousand  ( .$2,299, OOO)  dollars,  or  so  many  thereof  as  shall  be' 
necessary  are  to  be  issued,  and  used  only  in  exchange  for  bonds 
e(jual  in  amount  and  now  outstanding,  hei‘(*tofor(‘  issued  by  the 
Union  Pacific  Railway  C()mi)anv,  Southern  Bi-auch. 


Section  Second.  — Jb>nd.s  Xunibered  from  Twenty-two  N 


os.  2297  to 


Hundred  and  XinetA'-seven  to  Twmity-six  Hiindreil  aiul 
Forty-fiv<‘,  both  inclusive,  amounting  in  the  aggrc^gateto  three  Neosho  K.  B.  Co. 
liundred  and  foiUv-nine  thousand  ($349,000)  dollars,  or  so 
many  thereof  as  shall  be  necessary,  arc  to  be  issued  and  used 
only  in  exchange  for  bonds  ecpial  in  amount  and  now  outstand- 
ing, heretofore  issued  by  the  Tebo  and  Neosho  Railroad 
U()mt)any . 


Section  Third.  — Bonds  X^umbered  from  Twenty-six  Bonds  Nos.  2646  to 

■ ■ I I 1 ■'1  ^ ■■  I ■ t ^ 344-')  to  be  exchuiiijed 

Hundred  and  Forty-six  to  Thirty-lour  Hundred  and  r orty- 

live,  both  inclusive,  amountiim  in  the  aj^irrcefate  to  ei<>ht  liun-^^'"^-  B- B- Co. 
dred  thousand  ($800, 000)  dollars,  or  so  man3Ahereof  as  shall 
be  necessary,  art*  to  be  issued,  and  used  only  in  exchange  for 
bonds  e(jual  in  amount  and  now  outstanding  heretofore  issued 
by  the  Hannibal  and  C'entral  Missouri  Railroad  Com})anv. 


Section  Eouutii. — Bonds  Xiimbereil  from  Tliirty-four 
Hundred  and  Forty-six  to  Eij*liteen  Thousand  4’ wo  Hun- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


2i)S 


Bonds  Nos.  344G 
to  18,217  to  be  ex- 
changed for  Consoli- 
dated Mortfiraije 
Bonds. 


<lro<l  and  Seventeen,  both  inclusive,  amounting  in  the  aggre- 
gate to  fourteen  millions,  seven  hundred  and  seventy -two  thou- 
sand ($14,772,000)  dollars,  or  so  many  thereof  as  shall  be 
necessary,  are  to  be  issued  and  used  in  exchange  for  bonds 
equal  in  amount  and  now  outstanding,  heretofore  issued  by 
the  party  of  the  first  part  under  its  said  Consolidated  Mort- 


gage of  February  1,  1871,  and  the  several  additional  mort- 
gages hereinbefore  recited  as  having  been  executed  under  and 
pursuant  to  the  Tenth  Article  of  said  last  mentioned  mort- 


gage; but  the  said  bonds  may  also  be  issued  and  used  as  here- 
inafter provided  in  Section  Thirteenth  of  this  Indenture. 


Bonds  exchanged  for  Sectiox  Fifth.  — 111  Case  the  Present  Outstanding'  Issues 
SwTake^n^up.^^”^^’ Bonds,  under  the  said  mortgage  of  February  1st, 
1871,  and  the  several  additional  mortgages,  shall  be  increased 
by  reason  of  the  exchange  therefor,  as  therein  provided,  of 
the  underlying  or  divisional  mortgages  therein  mentioned,  and 
hereinbefore  referred  to  in  Articles  First,  Second  and  Third, 
then  the  bonds  set  apart  and  reserved  as  above  for  exchange 
of  the  said  several  underlying  or  divisional  mortgage  bonds  in 
said  Articles  First,  Second  and  Third,  may  be  issued  and  used 
in  exchange  for  the  said  consolidated  bonds,  issued  to  take  up 
such  divisional  mortgage  bonds. 


Bonds  Nos.  18,218 
to  28,217  to  be  ex- 
changed for  Income 
Bonds. 


Section  Sixth.  — Bonds  Numbered  from  Eighteen  Thou- 
sand Two  Hundred  and  Eigliteen  to  Twenty-eight  Thou- 
sand Two  Hundred  and  Seventeen,  both  inclusive,  amounting 
in  the  aggregate  to  ten  millions  of  ($10,000,000)  dollars,  are 
hereby  set  apart  and  reserved  for  the  piuqiose  of  retiring  on 
such  plan  and  terms  as  may  be  adopted  by  the  Board  of  Direc- 
tors of  the  party  of  the  first  part,  the  income  bonds  issued,  or 
which  may  be  issued  under  the  mortgage  of  April  1st,  1876,  and 
the  coupons  or  scrip  certificates  rejiresenting  interest  accrued 
thereon,  pursuant  to  the  terms  of  the  said  last  mentioned 
mortgage,  to  the  extent  to  which  the  same  are  or  shall  be  valid 
subsisting  debts  against  the  party  of  the  first  part ; and  if 
the  Board  of  Directors  shall  resolve  to  issue  bonds  for  the  pur- 
pose in  this  section  mentioned,  at  a less  rate  of  interest  than 
six  per  cent.  })er  annum,  the  said  bonds  shall  bear  the  num- 
bers above  specified  in  this  section,  and  the  same  and  the 
coupons  shall  be  in  the  same  form  as  the  six  per  cent, 
bonds  and  coupons,  except  only  such  changes  th(‘rein  as 
may  be  made  necessary  because  of  the  change  in  the  rate 
of  interest. 


THE  iNIlSSOURr,  KANSAS  AND  TEXAS  RAFEWAY. 


299 


Section  Seventh. — Until  the  provisions  herein  made  and  Only  Scrip  Holders 
to  be  made  hereunder  for  the  exchange  of  bonds  hereunder  for  ^3 

outstanding  bonds,  coupons,  and  scrip  certificates  shall  have  been  change  of  Bonds, 
actually  accepted  by  the  holders  of  such  securities,  such  holders 
shall  have  no  right  to  compel  the  party  of  the  first  part  to  give 
them  the  benefit  of  such  provisions  for  the  exchange  of  bonds 
issued  hereunder  for  such  outstanding  bonds,  coupons,  and 
scrip  certificates. 

Section  Eighth. — Bonds  Numbered  from  Twenty-eight  Bonds  Nos.  28,218  to 

30,217  to  be  used  for 

Tliousand  Two  Hundred  and  Eighteen  to  Thirty  Thousand  Equipment,  Eolling 
Two  Hundred  and  Seventeen,  both  inclusive,  amounting 
the  aggregate  to  $2,000,000,  may  be  issued  and  used  for  the 
puri)ose  of  providing  such  new  equipment  and  rolling  stock 
and  new  additions  to  the  property  as  the  business  of  the  party 
of  the  first  part  may  require;  and  any  part  of  said  amount  of 
$2,000,000,  which,  in  the  judgment  of  the  Board  of  Directors, 
is  not  required  for  such  purposes,  may  be  used  to  pa}^  any  [of 
the]  debts,  obligations,  or  liabilities  of  the  i)arty  of  the  first 
part,  and  bonds  therefor  may  be  certified  by  the  Trustee  on 
the  resolution  of  the  Board  of  Directors  or  Executive  Com- 
mittee of  the  party  of  the  first  i)art. 

Section  Ninth.  — The  Kemaining  Bonds,  being  those  Bonds  Nos,  30,218  to 

numbered  from  thirty  thousand  two  hundred  and  eighteen  ^ongfl-uction  and^ 

forty-five  thousand,  both  inclusive,  and  amounting  in  the  ^cquisitionofExten- 
, I 1 . 1 1 sions  and  Branches. 

aggregate  to  fourteen  millions,  seven  hundred  and  eighty-three 
thousand  ( $ 14,78d,()0())  dollars,  are  to  be  issued  and  used  at 
not  exceeding  the  rate  of  twenty  thousand  dollars  per  mile,  in 
securing  the  construction  and  acipiisition,  q/'[or]  either,  of  the 
extensions  and  branches  in  the  States  of  ^Missouri,  Ivansas, 

Texas,  and  elsewhere,  and  in  the  Indian  Territory,  and  into  the 
Republic  of  Mexico,  now  authorized,  or  which  may  hereafter 
be  authorized  by  the  charters  and  constituent  acts  or  amend- 
ments thereof,  of  the  party  of  the  first  part,  or  concessions  or 
authority  therefor  hereafter  granted  to  or  acipiired  by  the  party 
of  the  first  part  ; bonds  to  be  issued  and  delivered  at  the  afore- 
said rate  per  mile  by  the  Trustee  hereunder,  in  the  case  of 
extensions  or  branches  constructed  by  the  party  of  the  first 

])art,  as  sections  of  ten  miles  or  more  are  completed,  inion  fif- Sections  of  Ten 
* \ ^ ^ ^ ^ ^ Miles  or  more  are 

ing  with  said  Trustee  a certificate  of  the  executive  officer  or  completed. 

chief  engineer  of  the  i)arty  of  the  first  part,  to  the  effect  that 

so  much  of  such  extensions  or  branches  have  been  properly 

constructed  and  completed  ; and  in  the  case  of  the  acquisition 


300 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


At  not  exceeding 
$20,000  per  Mile. 


Prior  Mortgages  up- 
on acquired  Lines. 


by  purchase  or  consolidation  of  constructed  roads  in  good  con- 
dition and  repair,  ready  for  use,  bonds  shall  be  issued  and 
delivered  by  the  Trustee  hereunder,  at  not  exceeding  the  said 
rate  of  twenty  thousand  dollars  per  mile  for  each  mile  of  road 
so  acquired,  upon  the  tiling  with  said  Trustee  of  a certificate  of 
the  President  of  the  party  of  the  first  part,  to  the  effect  that 
such  roads  have  been  purchased  or  acquired  and  made  a part 
of  the  property  of  the  party  of  the  first  part,  provided,  how- 
ever, that  if  any  railroad  or  railroads  thus  purchased  or 
acquired  shall,  at  the  time  of  such  acquisition,  be  subject  to  the 
lien  of  any  trust  deed  or  mortgage  theretofore  made  to  secure 
bonds  then  outstanding,  no  more  bonds  shall  be  issued  here- 
under, than  such  [an]  amount  as  shall,  together  with  such  out- 
standing bonds,  be  equal  to  the  rate  of  twenty  thousand 
dollars  per  mile. 


M.,  K.  & T.  Exten-  But  it  is  Understood,  However,  that  if  the  party  of  the  first 
8ion  Eailway.  part,  shall  acquire  what  is  known  as  the  road  of  the  Missouri, 
Kansas  and  Texas  Extension  Railway  Company,  so  that  the 
same  becomes  subject  to  the  lien  of  these  presents,  said  party 
of  the  first  part  may  issue  and  the  Trustee  certify  bonds  here- 
under, at  a rate  not  exceeding  twenty  thousand  dollars  per 
mile,  if  the  mortgage  executed  by  the  said  Extension  Com- 
pany is  cancelled. 

Mortgage  by  said  If  said  Road  is  Acquired  and  the  mortgage  is  not  cancelled, 
Company.  party  of  the  first  part  may  issue,  and  the  Trustee  certify 

bonds  hereunder,  at  the  rate  of  twenty  thousand  dollars  per 
mile,  including  the  bonds  issued  under  the  mortgage  made  by 
the  said  Extension  Company. 


Residue  of  Bonds,  SECTION  Tenth.  — It  is  hereby  Expressly  Understood  and 
may  l^^sold^for Agreed  between  the  parties  hereto,  that  the  party  of  the  first 
part  may  have  and  exercise  the  right,  at  its  option,  of  selling 
for  cash  the  whole  or  any  portion  of  the  bonds  amounting  to 
$14,783,000,  referred  to  in  Article  Ninth,  provided  that  such 
sale  shall  not  be  made  at  less  than  eighty  per  cent,  of  the  par 
value  of  said  bonds,  and  the  proceeds  thereof  shall  be  depos- 
ited with  the  Trustee  hereunder,  to  be  used  and  paid  over  in 
lieu  of  the  bonds,  for  newly  constructed  or  ac(|uired  roads. 

Said  Bonds  may  be  And  it  is  hereby  further  Agreed,  that  the  party  of  the  first 
ll^k^and^E^quip^  should  it  deem  it  expedient  so  to  do,  use  and  ap})ly 

ment,  when.  sucli  portion  of  the  said  bonds  set  apart  in  Article  Ninth,  for 

the  purchase  of  such  rails  and  equipment  for  newl}^  constructed 


THE  MISSOUIH,  KANSAS  AND  TEXAS  RAILWAY. 


301 


road  as  may  })e  deemed  neeessary,  the  title  thereto  to  be  vested 
in  the  Trustee  hereunder,  until  such  rails  have  been  placed  in 
the  track,  such  equipment  delivered  upon  the  line  of  the  party 
of  the  first  part,  and  both  the  railway  as  constructed,  and  equip- 
ment as  delivered,  have  been  duly  accepted  by  the  party  of  the 
first  part. 

The  bonds  thus  used  and  appropriated  in  advance  of  eon-„  ^ 

^ ^ ^ Bonds  so  used  to  be 

struction,  to  be  deducted  in  future  settlements  from  the  amount  deducted, 
of  bonds  in  this  indenture  authorized  to  be  delivered  per  mile  of 
completed  road. 


Sectiox  Eleventh.  — In  Case  of  the  Construction  or  Bonds,  how  issued 
Acquisition  by  the  party  of  the  first  part  of  any  portion  of 
extension  or  branches,  now  or  hereafter  authorized  on  ecpial  Companies, 
joint  account  with  any  other  railroad  company  or  companies, 
then  the  issue  out  of  bonds  set  a])art  in  Article  Ninth,  on  the 
interest  of  the  party  of  the  first  part  in  such  jointly  con- 
structed road  or  roads,  shall  be  limited  to  a rate  not  exceeding 
ten  thousand  dollars  per  mile  of  completed  road,  or  in  case  of 
unequal  interest  in  such  joint  construction,  then  in  the  i)ropor- 
tion  that  the  interest  of  the  ])arty  of  the  first  })art  bears  to 
twenty  thousand  dollars  per  mile. 


Section  Twelfth.  — it  is  furtlicr  Mutually  Ajjrreed,  by  „ . , . 

J Bonds  may  be  issued 

and  between  the  parties  hereto,  that  if  the  said  party  of  the  upon  Extensions  in 
first  part  shall,  in  addition  to  the  roads  Jind  brtmehes  above ^viiere,^Bmnchef and 
contemplated  and  provided  for,  determine  under  tiny  right 
franchise  now  owned  by  it,  or  heretifter  tic<|uired  by  it,  still 000,000. 
further  to  extend  its  rotid  into  ^Mexico  or  elsewh(‘re,  or  build 
branches  of  its  rotid,  or  become  the  owner  or  permanent  lessee 
of  any  other  railroad  tilretidy  constructed,  then,  for  every  such 
extension  and  brtinch  and  every  such  railrotid  constructed  or  to 
be  constructed,  or  acquired,  or  permtinently  leased,  a further 
issue  of  bonds  in  addition  to  the  forty-five  millions  of  dol- 
lars above  herein  provided  for,  mtiy  be  mtide  liereundiu*  by  the 
said  party  of  the  first  part,  the  aggregtite  timount  of  which 

shall  not  exceed  the  rate  of  twenty  thousand  dollars  for  At  not  exceeding 
•1  /•  1 .1  i.  1 -1  I 1 $-0,000  per  Mile, 

every  mile  ot  road,  thus  constructed,  or  acijuired,  or  h'ased, 

such  bonds  to  be  issued  in  the  same  projioi’tions  and  upon  the 

same  conditions  as  hereinbefore  provided  in  Section  Ninth  for 

the  issue  of  the  bonds  to  which  said  section  relates;  and  in 

case  said  bonds  sire  sold,  the  proceeds  to  [be]  paid  over  Proceeds  of  Bonds 

to  the  Trustee  as  in  Section  Tenth  provided.  And  ^oTmstee. 

such  bonds  shall  be  of  the  same  tenor  as  that  provided  for 


302 


THE  MISSOUlir,  KANSAS  AND  TEXAS  RAILWAY. 


in  the  form  of  bond  hereinbefore  set  forth,  subject  only  to 
necessary  variation  in  the  form  thereof  and  as  to  the  distin- 
Honds  from  No.  45,- guishing  numl)ers  and  the  dates  thereof,  and  shall  bear  nuni- 
000  and  upwards.  from  the  num})er  forty-five  thousand  upwards. 


Covenant  for  further  And  the  said  Party  of  the  First  Part  hereby  Agrees,  to  exe- 
cute  and  deliver  to  the  said  part[y]  of  the  second  part,  its  suc- 
cessor or  successors,  upon  every  such  further  issue  of  bonds, 
any  further  reasonable  and  necessary  trust  deed  to  bring  in  and 
subject  to  the  conditions  of  these  presents  every  such  extended 
or  future  acquired  road,  and  every  other  land  and  property, 
real  or  personal,  that  may  hereafter  be  acquired  by  it  for  the 
purpose  and  with  the  intent  of  securing  the  payment  of  the 
said  bonds  composing  every  such  increased  issue,  as  well  as 
the  bonds  hereinabove  described,  equally  and  alike  upon  the 
property  of  the  said  party  of  the  first  part,  with  the  interest 
due  and  to  grow  due  thereon,  in  the  same  manner  as  if  all 
said  bonds  had  been  originally  secured  by  one  and  the  same 
indenture. 


Bonds  hereunder  Provided,  However,  that  if  any  railroad  or  railroads  which 

outs^tandin^^upon  ac-  hereafter  be  acijuired  in  any  of  the  modes  aforesaid  by 

quired  Eoads,  not  to  the  party  of  the  first  part  shall,  at  the  time  of  such  acquisition, 
exceed  <|)ZU,uuu  per  ^ 

Mile.  be  subject  to  the  lien  of  any  trust  deed  or  mortgage  thereto- 

fore made  to  secure  bonds  then  outstanding,  no  more  bonds 
shall  be  issued  hereunder  on  any  such  railroad  or  railroads 
than  such  amount  as  shall,  together  with  such  outstanding 
bonds,  be  equal  to  the  rate  per  mile  hereinbefore  mentioned, 
to  wit,  twenty  thousand  dollars,  but  bonds  may  be  issued 
hereunder  on  any  such  railroad  or  railroads  in  exchange  for 
an  equal  amount  of  such  outstanding  bonds. 

The  provision  of  this  section  of  this  indenture  with  its  lim- 
Jxtend^to^Koads  itations  as  to  the  amount  of  bonds  per  mile  to  be  issued,  shall 

acquired  by  Consol- algo  extend  to  road  which  is  acquired  bv  the  party  of  the  first 
idation,  Purchase  of  • i * i j?  • 

Capital  Stock,  etc.  part  by  consolidation  or  transfer,  or  by  a purchase  of  a major- 
ity of  the  shares  of  the  capital  stock  of  such  road,  })rovided 
that  the  road  so  acquired  shall  become  and  be  made  subject 
to  the  lien  of  this  indenture  for  the  benefit  of  the  bonds 
secured  thereby,  before  bonds  hereunder  shall  be  issued  and 
certified  in  respect  thereof. 


This  Mortgage  em- 
braces all  Road  con- 
structed and  to  be 
constructed. 


It  is  the  Intention,  to  embrace  in  this  mortgage  all  the 
road  and  branches  now  comjileted,  as  well  as  all  that  may  be 
com})leted  or  accpiired  under  the  articles  of  association  of  the 
said  railroad  company,  and  any  amendments  thereto,  to  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 


303 


end,  tliat  as  the  said  roads  and  branches  may  be  extended,  the 
money  to  pay  for  such  extension  and  branches  may  be  raised 
by  the  issue  of  bonds  under  this  indenture,  which  })rovision, 
as  to  extensions  and  branches,  shall  apply  to  road  which  may 

be  constructed  in  ^lexico,  if  the  lien  hereof  can  and  shall  be^  „ . 

1 • . 1 • • 1 How,  as  to  Road  in 

eftectiially  extended  thereto;  but  if  not,  then  this  indenture  Mexico. 

is  not  to  be  construed  as  covering  or  extending  to  the  rights, 

franchises,  road,  and  property  of  this  Company  in  Mexico. 

Section  Thirteenth.  — It  is  Understood  and  Agreed,  Consolidated  Mort- 
between  the  parties  hereto,  that  in  the  event  of  anv  of  the 

^ ’ * redeemed  by  linking 

bonds  issued  under  the  said  Consolidated  Mortgage  of  Febru- Funds. 

ary  1,  1871,  and  the  several  additional  mortgages  executed 
pursuant  to  Article  Tenth  thereof,  being  drawn  for  redemption 
by  the  operation  of  the  sinking  funds  in  said  mortgages 
provided,  the  party  of  the  first  part  may,  at  its  o})tion,  use 
and  ajiply  the  bonds  set  apart  and  reserved  in  Section  Fourth 
of  this  indenture  to  meet  the  annual  jiayments  into  the  said 
sinkingfunds,  and  the  [annual]  interest  accumulations  upon  the 
bonds  constituting  said  sinkingfunds,  jirovided,  however,  that 
the  amount  of  bonds  thus  used  and  apiilied  in  any  one  year 
shall  not  exceed  at  their  par  value  the  sum  of  the  yeai’ly  install- 
ments payable  into  said  sinking  funds,  and  the  annual  interest 
accumulations  of  said  funds  or  such  year. 

Jiiit  in  no  Case,  shall  any  of  the  bonds  be  certified  by  ^‘‘dd  certitied 

second  party  or  its  successor  in  said  trust,  except  in )on  writ- Trustee  upon 

. . /.  1 . ^ * Authority  of  Board 

ten  application  of  the  })artv  of  the  first  jiart,  expressed  of  Directors. 

through  a resolution  of  its  Board  I)ir(‘ctors  or  Executive 

Committee  adopted  at  a ri‘gular  meeting  or  s})(‘cial  meeting 

called  for  that  purpose,  wher(‘in  it  shall  be  stated  what  amount 

of  bonds  arii  reijuired  at  that  tinu*,  and  the  })uri)oses  for  which 

they  are  reipiired,  which  resolution  shall  be  the  authority  and 

sufficient  authority  to  the  Trustee  to  certify  to  the  extent  so 

reipiired  any  of  the  bonds  herein  authorized. 

And  tlie  Kiiid  Railway  Company  further  Covenants  that  it  j*aiiway  Company 
will,  at  all  times  hereafter,  as  long  as  any  of  the  bonds  to 
be  issued  hereunder  shall  remain  outstanding,  keep  an  agency 
in  the  City  of  New  York,  and  that  it  will  pay  the  iirincipal  and 
interest  of  the  said  bonds  at  the  times  and  in  the  manner 
therein  provided,  and  generally,  do  and  perform  all  acts  and 
things,  promises  and  covenants,  in  this  indenture,  on  its  part 
to  be  done  and  performed. 


304 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Trusts,  Uses  and  And  it  is  hereby  Agreed  and  Declared,  that  the  aforesaid 
Purposes  declared,  premises,  property,  rights,  interests,  and  franchises 

hereby  conveyed  or  mortgaged,  are  to  be  held  by  said  Trustee 
and  his  successor  or  successors,  upon  and  for  the  trusts,  uses 
and  purposes  following,  to  wit:  — 


Defeasance.  ARTICLE  FlRST.  — This  Indenture  is  upon  the  Express 

Condition,  that  if  the  said  Railway  Company,  the  said  party 
of  the  first  part,  shall  well  and  truly  pay,  or  cause  to  be  paid, 
to  the  holder  or  holders  of  said  bonds,  the  principal  sums  of 
money  therein  mentioned,  according  to  the  true  intent  and 
meaning  thereof,  with  the  interest  thereon,  according  to  the 
terms  and  conditions  thereof,  and  of  the  interest  coupons 
thereto  attached,  then,  and  in  that  case,  the  lien  or  incumbrance 
hereby  created  for  the  security  and  payment  thereof,  and  all 
the  estate,  right,  title,  and  interest  of  the  said  party  of  the 
second  part  in  the  property  aforesaid,  shall  cease  and  deter- 
mine, and  at  the  request  of  the  said  party  of  the  first  part,  or 
its  assigns,  this  indenture  shall  be  satisfied  and  discharged,  and 
Release  and  rfatisfac- a release  and  satisfaction  thereof  shall  be  entered  of  record  in 

tion  of  this  Indenture  , i n • • i • i j i. 

to  be  entered.  each  and  all  ot  the  several  counties  in  which  this  indenture 

shall  have  been  recorded,  at  the  cost  of  the  said  party  of  the 

first  part. 


Until  Default  made.  ARTICLE  Second. — Until  Default  shall  be  made  in  the 
payments  of  principal  or  interest,  or  some  part  of  either  prin- 
cipal or  interest,  as  herein  provided,  the  said  party  of  the  first 
part  shall  possess,  control,  manage,  operate,  use,  and  enjoy 
the  said  railways,  rolling  stock,  equipments,  franchises,  real 
estate,  and  other  property,  and  shall  receive,  take  and  use  the 
rents,  incomes,  profits,  and  tolls  thereof  for  its  own  uses  and 
purposes,  as  if  this  indenture  had  not  been  made. 


In  Case  of  Default  But  in  Case  Default  shall  be  made  in  the  payment  of  the 
made  and  notwaived.pj,jj^^lj^^l  any  interest  Oil  any  of  the  aforesaid  bonds, 

issued  under  and  secured  b}^  this  instrument  according  to  the 
tenor  thereof,  or  of  the  coupons  thereto  attached,  and  if  such 
default  shall  continue  for  the  period  of  six  months  after  de- 
mand in  writing  made  for  the  payment  of  the  same,  at  the 
financial  agency  of  the  said  party  of  the  first  part,  aforesaid, 
in  the  City  of  New  York  ; it  shall  be  lawful,  unless  such  default 
Trustee  may  take  waived  as  hereinafter  provided,  for  the  said  Trustee,  the 

said  party  of  the  second  part,  or  its  successor  or  successors  in 
this  trust,  by  itself,  its  attorneys,  or  agents,  to  enter  in  and 
upon,  and  take  possession  of  all  and  singular  the  railways, 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


305 


premises,  and  property,  rights  and  interests,  hereby  conveyed 
and  mortgaged,  or  intended  so  to  be,  and  each  and  every  part 
thereof,  and  to  exclude  the  said  party  of  the  first  part  and  its 
agents  wholly  therefrom,  and  to  hold  and  use  the  same,  and  to 
control,  manage,  and  operate,  by  its  superintendents,  managers, 
receivers,  agents,  servants,  employes,  and  attorneys,  the  said 
railways,  and  to  manage  and  conduct  the  business  thereof , and 
to  make,  from  time  to  time,  at  the  expense  of  the  trust  estate, 
all  repairs  and  replacements,  and  such  useful  alterations,  exten- 
sions, additions,  and  improvements  thereto,  as  well  in  respect 
to  the  rolling  stock  and  equipments,  as  to  the  said  railways  and 
appurtenances,  and  all  other  matters  and  things  which  will 
promote  the  interests  of  the  parties  hereto,  as  may  seem  to  it, 
the  said  Trustee,  judicious  and  proper,  and  to  collect  and 
receive  all  tolls,  freights,  incomes,  rents,  issues,  and  profits 
the  same  and  every  part  thereof,  and,  after  deducting  the  etc. 
expenses  of  operating  said  railways  and  of  conducting  its 
business  and  paying  all  proper  and  legitimate  debts  and  obli- 
gations, and  for  all  repairs,  replacements,  alterations,  exten- 
sions, additions  and  improvements,  as  aforesaid,  and  all  taxes, 
assessments,  and  other  proper  charges  upon  the  said  property 
and  premises,  or  any  part  thereof,  as  well  as  a just  and 
reasonable  compensation  for  its  own  services  and  the  services 

of  all  agents,  clerks,  servants,  and  other  enq)loyes,  i)ro[)erly  Compensation  for 
1 1 I • I T I I > 1 Airents  and  Attor- 

engaged  or  employed,  including  reasonable  attorneys  andjjeys. 

solicitors’  fees,  then  to  apjily  the  moneys  arising  as  aforesaid, 
to  the  iiayment  of  the  interest  in  arrear,  or  which  shall  become 
due,  on  the  outstanding  bonds  secured  hereby,  in  the  order  in 
which  such  interest  shall  be,  or  become  due,  ratably  to  the  per- 
sons holding  the  coupons  therefor,  and  after  jiaying  all  such 
interest  which  shall  have  become  due,  to  apply  the  same  to  Moneys  collected, 
payment  of  the  princijial  of  the  aforesaid  bonds  which  may,  ut  applied, 
that  time,  be  due  and  unpaid,  ratably,  without  discrimination 
or  preference. 


And  further  Provided,  that  the  said  liarty  of  the  first  part.  Voluntary  Surrender 
at  any  time  hereafter  before  the  full  jiayment  of  said  bonds,  trustee, 
whenever  it,  the  said  party  of  the  first  part,  shall  deem  it 
proper  and  ex[)edient  for  the  better  security  of  the  said  bonds, 
shall  be  willing  to  voluntarily  surrender  to  the  said  Trustee, 
the  said  party  of  the  second  part,  or  its  successor,  or  succes- 
sors in  this  trust,  the  possession,  control,  and  management  of 
the  said  railways,  premises,  and  property,  and  the  business 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


30() 


Surrender  toTruatee 
without  Default. 


Default  continued 
for  Six  Months,  and 
not  waived. 


Power  of  Sale. 


, thereof,  for  any  term  of  years  certain  or  indefinite,  although 
there  may  not  have  occurred  such  default  as  to  entitle  the  said 
party  of  the  second  ]:)art  to  enter  into  the  possession  of  the 
whole  or  any  part  of  the  said  railways,  rolling  stock,  premises, 
property,  and  rights  hereby  mortgaged,  or  intended  so  to  be, 
it  shall  be  the  duty  of  the  Trustee,  the  said  party  of  the  second 
part,  or  its  successor,  or  successors  in  this  trust,  upon  any 
such  surrender  and  delivery,  to  enter  into  and  upon  the  prem- 
ises so  surrendered  and  delivered,  and  to  take  and  receive 
possession,  control,  and  management  of  said  railways  andprop- 
erty  so  surrendered,  for  such  terms  or  term  of  years  certain 
or  indefinite,  as  may  be  agreed  upon  by  the  said  parties 
hereto,  but  without  prejudice  to  the  rights  of  said  party  of  the 
second  part,  subsequently,  to  insist  upon  and  maintain  such 
possession,  control,  and  management  beyond  such  term  when- 
ever he  would  have  been  entitled  thereto,  if  such  voluntary 
surrender  had  not  been  made.  And  upon  the  voluntary  sur- 
render and  delivery  of  the  said  premises  or  property,  or  any 
part  thereof,  as  aforesid,  the  said  party  of  the  second  part,  or  its 
successor,  or  successors,  in  this  trust,  shall  during  the  time  for 
which  such  possession  and  control  shall  be  by  it  taken,  and 
while  the  same  shall  remain  in  its  possession  thereunder,  receive 
the  incomes  and  revenues  thereof,  and  work,  use,  and  manage, 
control,  operate,  and  employ  the  same  in  such  lawful  way  as 
may  be  the  most  beneficial,  as  well  to  the  interests  of  the  pub- 
lic as  to  the  holders  of  said  bonds,  intended  to  be  secured 
hereby,  and  of  the  said  party  of  the  first  [part],  and  in  all  re- 
spects in  accordance  with  the  law  and  the  provisions  of  this 
Article. 

Article  Third.  — In  Case  Default  shall  be  made  in  the 
payment  of  any  interest  u})on  any  of  said  bonds,  or  of  the 
principal  thereof,  as  aforesaid,  and  shall  continue  for  six  months 
after  demand  made  for  payment,  as  aforesaid,  it  shall  be  law- 
ful, unless  such  default  be  waived  as  herein  })rovided,  for  the 
saidTrusteee,  the  said  party  of  the  second  part,  or  its  successor, 
or  successors  in  this  trust,  after  entry  as  aforesaid,  or 
other  entry,  or  without  entry,  by  its  attorney,  or  attorneys, 
agent  or  agents,  to  sell  and  dispose  of  all  and  singular  the  said 
railways  and  appurtenances,  ])roperty  and  premises,  rights, 
interests,  and  franchises  hereby  conveyed  or  mortgaged,  or 
intended  so  to  be,  at  public  auction,  to  the  highest  bidder,  at 
such  time  and  place  in  the  City  of  Topeka,  in  the  State  of 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAHAVAY 


307 


Kansas,  as  it  may  designate,  having  first  given  public  notice 
of  the  time,  place,  and  terms  of  such  sale  by  advertisement  Sale, 

published  not  less  than  five  times  a week  for  eight  consecutive 
weeks  in  one  or  more  newspapers  published  in  the  Cities  of 
St.  Louis  and  New  York,  with  the  right  to  adjourn  such  sale 
or  sales  from  time  to  time,  in  the  discretion  of  such  Trustee, 
giving  reasonable  notice  of  such  adjournment,  and  after  so  Adjournment  of 
adjourning,  to  make  the  sale  at  the  time  and  place  to  which 
the  same  may  be  adjourned,  and  on  the  consummation  of  the  sale 
upon  the  terms  and  conditions  thereof,  to  make  and  deliver  to 
the  purchaser  or  purchasers  thereof  good  and  sufficient  deed  Trustees’  Deed  to 
or  deeds  in  law  for  the  same  in  fee  simple,  which  sale,  made  as 
aforesaid,  shall  be  a perpetual  bar,  both  at  law  and  in  equity, 
against  the  said  party  of  the  first  part  and  all  other  persons 
lawfully  claiming  or  to  claim  the  said  railways  and  appurten- 
ances, property  and  premises,  rights,  interests,  and  franchises, 
or  any  part  thereof  so  sold,  by,  from,  through,  or  under  it. 

And  after  deducting  from  the  proceeds  of  such  sifle  just  allow- 
ances for  all  ex])enses  of  said  sale,  includinof  attornevs’  and  of  this 

, , . , Trust  deducted  from 

counsel  tees,  and  all  other  expenses,  advances,  and  habdities  Proceeds  of  Sale. 

Avhich  may  have  been  made  or  incurred  by  the  said  Trustee  in 
oi)erating  said  railways,  or  in  maintaining  the  same,  or  in 
managing  its  business  while  in  possession  thereof,  and  all 
pjiyments  which  may  have  been  made  by  it  for  taxes  and 
assessments  and  other  proper  charges  iq)on  the  said  railways 
and  aj)purt(‘nances,  pro})erty  and  premises,  rights,  interests, 
and  franchises,  or  any  part  thereof,  as  well  as  reasonal)le  com- 
pensation for  its  own  services,  then  to  apply  the  said  proceeds 
to  the  payment  of  the  princi})le  of  such  of  the  aforesaid  bonds 
as  may  be  at  such  time*  un})aid,  whether  the  same  shall  have 
previously  become  due  or  not,  and  of  the  interest  which  shall, 
at  that  time,  have  accrued  on  the  said  })rincipal  and  be  uiq)aid, 
without  discrimination  or  preference,  but  ratably  to  the  aggre- 
gate of  said  un})aid  })rinci})le  and  accrued  and  un[)aid  interest 
added  together,  and  after  satisfaction  of  all  of  said  bonds  secured 
hereby,  with  the  interest  thereon,  to  i)ay  over  the  surplus  of 
such  proceeds,  if  any,  to  the  said  party  of  the  first  i)art,  or  to 
such  party  as  may  then  be  entitled  to  receive  the  same. 


Tliis  l*rovisioii  is  Cumulative,  to  the  ordinary  remedy  hy  may  waive 

foreclosure  in  the  Courts,  and  the  Trustee  herein  or  its  succes- Sale  and 
, . II.,,-  institute  Foreclosure 

sor  or  succ(‘ssoi*s  in  this  trust,  iqion  default  Ixung  made  as  Proceedings. 

aforesaid,  may  at  its  discretion,  and  upon  tin;  written  re(]uest 


308 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


of  the  holders  of  the  majority  in  value  of  the  said  bonds  then 
unpaid,  shall  (upon  being  properly  indemnified)  institute 
proeeedings  to  foreclose  this  mortgage  or  deed  of  trust,  in  such 
manner  (by  sale  under  the  power  herein  given,  or  })y  suit)  as 
the  majority  of  the  said  bondholders  may  direct,  and  if  no 
such  direction  is  given  in  this  behalf,  then  in  such  manner  as 
to  the  said  Trustee  may  seem  most  expedient. 

Company  Personally  secured  hereby  the  said  Railway  Coin- 

Liable,  but  not  the  pany,  the  said  party  of  the  first  part,  is  liable  in  personmn. 

and  any  deficit  after  exhausting  the  mortgaged  security  may 
be  enforced  against  the  said  Company  or  its  other  property, 
but  not  against  the  stockholders  individually. 


Default  continued 
for  Six  Months. 


Majority  of  Bond- 
holders may  instruct 
Trustee. 


Article  Fourth.  — In  Case  Default  shall  be  made,  in  the 
payment  of  any  semi-annual  installment  of  interest  on  any  of 
the  said  bonds,  at  the  time  and  in  the  manner  in  the  said 
bonds  and  interest  coujions  provided,  and  if  such  default  shall 
continue  for  the  period  of  six  months  after  due  demand  made 
for  payment,  as  aforesaid,  then  in  such  case,  the  principal  sum 
of  all  the  said  bonds  secured  hereby  shall,  in  case  a majority  in 
interest  of  the  holders  of  the  said  bonds,  in  writing  under  seal, 
so  elect,  become  and  be  immediately  due  and  payable,  any- 
thing contained  in  the  said  bonds  to  the  contrary  notwith- 
standing. And  a majority  in  interest  of  the  holders,  of  said 
bonds  may,  by  writing,  under  their  hands  and  seals,  executed 
at  a meeting  of  the  said  bondholders,  or  without  such  meeting. 


declare,  or  instruct  the  then  Trustee  in  this  trust  to  declare,  the 
said  principal  of  the  said  bonds  to  be  due  and  immediately 
payable,  or  may  waive,  or  may  instruct  the  said  Trustee  to 
waive,  any  default  in  the  payment  of  principal  or  interest,  on 
such  terms  and  conditions  as  such  majority  in  interest  may 
deem  proper,  provided  always,  and  it  is  hcreliy  declared,  that 
no  such  action  of  the  Trustee  or  bondholders  shall  extend  to, 
or  be  taken  to  affect  any  subse({uent  default  or  to  impair 
the  rights  resulting  therefrom.  Rut  subsecpient  defaults  on 
may^be^waiv^d^ otc ^ payment  of  jirinciiial  or  interest  may,  in  like  manner,  be 
waived  at  any  time  before  the  entry  of  a decree  of  foreclosure, 
by  a majority  in  interest  of  the  bonds  secured  hercliy. 


r T>  j Meetiiii».s  of  the  Holders  of  the  said  Bonds  hereby  secured 
Meetings  of  Bond-  ....  " . 

holders.  for  tlic  determination  of,  or  action  upon,  any  of  the  (juestions 

upon  which,  by  any  of  the  jirovisions  hereof,  the  majority  in 
interest  of  said  bondholders,  may  have  the  right  to  decide,  may 
be  called  by  tlie  tlien  Trustee,  or  in  such  otlier  mode  as  may 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


o 


O 


09 


be,  from  time  to  time,  fixed  by  such  majority  in  interest  of 
the  holders  of  said  bonds,  in  respect  to  such  meetings,  and  until 
said  bondholders  shall  so  act,  such  powers  may  be  exercised  by 
the  said  Trustee  in  this  trust,  and  all  acts  or  resolutions  of  the 
said  bondholders  affecting  the  rights  or  remedies,  or  for  the 
benefit  of  the  said  bondholders,  or  the  duties  of  the  Trustee, 
or  the  interest  of  the  trust  hereby  created,  shall  be  authenti- 
cated by  the  signatures  of  all  the  persons  assenting  thereto,  as 
well  as  by  a record  of  the  proceedings  to  be  kept  of  any  such 
meetings. 

Blit  it  is  Unclerstoocl,  and  hereby  expressly  declared  and  Resolutions  of  Bond- 
agreed  that  no  act  or  resolution  of  any  meeting  of  bondholders  non-assenting  Bond- 
er of  the  Trustee,  nor  any  act  or  election  of,  or  instrument 
executed  by  a majority  in  interest  of  all  said  ])onds,  shall  im- 
pair, control,  or  affect  the  rights,  interests,  or  remedies,  legal 
or  equitable,  of  any  non-assenting  bondholder,  except  in  the 
particulars,  and  to  the  extent  to  which  the  same  is  expressly 
made  controlling  by  the  provisions  contained  herein. 

Article  Fifth.  — The  said  Party  of  the  First  Part  shall  ^ ...  . 

Covenant  tor  further 

and  does  hereby  covenant  and  agree,  to  and  with  the  said  [)arty  Assurance, 
of  the  second  part,  and  its  successor,  or  successors  iuthis  trust, 
on  behalf,  and  for  the  benelit  of,  the  said  bondholders  intended 
to  be  secured  hereby,  that  it  will,  from  time  to  time,  and  at 
all  times  hereafter,  u[)on  reasonable  recpiest,  make,  do,  execute, 
acknowledge,  and  deliver  all  such  fuifher  acts,  deeds,  convey- 
ances, and  assurances  for  the  better  assuring  unto  the  said 
Trustee  and  its  successor,  or  successors,  in  the  trust  hereby 
created,  u[)()n  the  trusts,  and  for  the  purposes  herein  exi)ressed 
or  intended,  all  and  singular,  the  premises,  property,  railways, 
e(|uipments,  and  ajipurtenances,  rigjits,  franchises,  interests, 
and  effects,  hereby  mortgaged  or  conveyed  in  trust,  or  agreed, 
or  [)ur[)orting,  or  intend(Ml  so  to  be,  whether  now  owned  or  pos- 
sessed by  or  vested  in  the  said  party  of  tlu‘  first  part  or  sub- 
sequently ac(iuired  by  or  vested  in  it,  and  all  other  property 
and  things  whatsoever  which  imiy  be  hereafter  accpiired  in  aid  ^ 

of,  or  l)y  way  of  substitute  for,  or  what  [so]  ever  use  for  the  pur- 
poses of  the  same  or  any  part  thei’eof,  and  all  franchises  now 
held  or  hereafter  accjuired  relating  thereto,  including  the  fran- 
chise to  be  a corporation,  as  may  be  deemed  [)r()per  and  exjie- 
dient,  subject  however,  to  the  limitations  and  conditions  herein 
provided  as  to  after  accpdred  proi)erty. 

Article  Sixth.  — Said  Uailvvay  Company,  the  said  party  Marshalling  of  As- 
of  the  first  part,  for  itself  and  all  other  persons  hereafter 


310 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAA"'. 


claiming  through  or  under  it,  and  who  may,  at  any  time  here- 
after, become  holders  of  liens  junior  to  that  of  these  presents, 
hereby,  expressly  waives  and  releases  all  right  to  have  the 
assets  comprised  in  the  security  intended  to  be  created  by  these 
presents,  marshalled  upon  any  foreclosure  or  other  enforce- 
ment thereof,  and  it  is  expressly  hereby  agreed  and  declared 
that  the  Trustee  herein,  and  any  court  in  which  foreclosure  of 
this  mortgage  or  administration  of  the  trusts  hereby  created  is 
sought,  shall  have  the  right  to  sell  the  entire  property  of  every 
description  comprised  in,  or  subject  to,  the  trusts  of  these 
presents  as  a whole  in  one  single  lot,  if  it  shall  in  its  discretion 
think  fit.  And  a majority  in  interest  of  said  bonds  may,  by 
instrument  in  writing,  direct  the  Trustee  or  petition  the  said 
court  to  sell  the  said  property  in  such  manner. 

Waiver  of  Benefits  ARTICLE  SEVENTH.  — Said  Railway  Coiiipaiij’^,  the  said  party 

LawsI'^^  part,  for  itself,  its  successors  and  assigns,  and  so  as 

to  bind  all  persons  who  may  claim  through  or  under  it,  as  as- 
signs, junior  incumbrance [r]s,  lien-holders,  or  otherwise,  doth 
hereby  irrevocably  waive  the  benefit  or  advantage  of  any  or  all 
valuation,  stay,  appraisement,  redemption,  or  extension  laws, 
and  of  all  laws  requiring  mortgages,  liens,  hypothecations,  or 
other  securities  for  money  to  be  foreclosed  by  action  therefor, 
now  existing,  or  which  may  hereafter  exist,  in  any  State  wherein 
the  property  to  be  sold  hereunder,  or  any  part  thereof,  may 
at  the  time  of  sale  be  situated,  or  where  the  said  sale  may  take 
place,  which  but  for  this  provision  herein  might  prevent  or 
postpone  the  sale  of  said  premises,  proper!}^,  rights  and  interests 
to  the  purchaser  under  the  powers  and  upon  compliance  with 
the  provisions  herein  provided,  and  said  party  of  the  first  part 
does  hereby  covenant  with  the  said  party  of  the  second  part, 
the  said  Trustee  or  its  successor  or  successors,  in  the  trust 
hereby  created,  that  it  will  not,  in  any  manner,  set  up  or  seek, 
or  take  the  benefit  or  advantage  of  any  such  valuation,  stay, 
appraisement,  redemption,  or  extension  law. 

Liability  of  Trustee.  ARTICLE  ElcilTll.  — And  it  is  further  Mutually  Aj^reed, 
by  and  between  the  parties  hereto,  and  is  hereby  declared  to 
be  a condition  upon  which  the  said  part}^  of  the  second  part 
and  its  successor  or  successors  in  this  trust  hereby  created, 
have  assented  to  these  presents  and  accepted  this  trust,  that 
the  said  Trustee  and  its  successors  in  this  trust  shall  not  in  any 
manner  be  held  resi)onsible  for  ])ersons  employed  b}^  them, 
unless  guilty  of  culpable  negligence  in  the  selection  of  such 
employes,  nor  shall  the  Trustee  be  answ(u*able  exce|)t  for  its 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


311 


own  wilful  default,  and  in  all  cases  the  then  Trustee,  the  party 
of  the  second  part,  shall  be  authorized  to  pay  such  reasonable 
compensation  as  it  shall  deem  proper  to  all  the  attorneys,  offi- 
cers, agents,  servants,  and  employes  whom  it  may  reasonably 
employ  in  the  management  of  this  trust ; and  that  the  said 
Trustee  and  its  successor  or  successors  shall  have  and  be 
entitled  to  iust  compensation  for  all  services  it  may  render  in  „ 

^ ^ Compensation  for 

connection  with  the  management  of  the  trust  hereby  created,  Services, 
to  be  paid  by  the  said  party  of  the  first  part  out  of  the  trust 
estate. 

And  it  is  Agreed,  and  hereby  provided  that  the  said  Trustee  Removal  of  Trustee 
and  its  successor  or  successors  in  this  trust  may  be  removed,  Court, 
and  a successor  may  be  appointed,  at  any  time,  by  any  court 
of  competent  jurisdiction,  upon  application  of  a majority  in 
interest  of  the  holders  of  the  then  outstanding  bonds  hereby 
secured. 

And  it  is  also  Agreed,  and  hereby  })rovided  that  a majority  Removal  of  Trustee 
in  value  of  the  outstanding  bondholders  secured  hereby  may,  Bondholders, 
upon  their  own  motion  at  any  time,  with  or  without  cause,  by 
an  instrument  or  instruments  in  writing,  un  ler  seal,  signed  by 
them  to  that  effect,  and  without  calling  a meetiim  of  the  bond- 
holders  for  that  pur))ose,  remove  the  said  Trustee  and  any 
successor  to  the  trust  here})y  created,  and  in  writing  under  seal 
appoint  one  or  more  Trustees  herein,  wliether  the  last  Trustee 
shall  have  been  appointed  by  a court  of  com[)etent  jurisdiction 
or  otherwise,  anything  herein  to  the  contraiy  notwithstanding. 

In  case  of  such  removal  and  ap})ointnient  of  Trustees  by  the 
bondholders,  the  writing  shall  be  signed  by  each  bondholder 
or  his  or  her  agent,  stating  the  place  of  residence  of  such 
holder  and  the  serial  numbers  and  the  amounts  of  the  bonds, 
and  in  every  case  the  affidavit  of  the  holder  shall  accom[)any 
the  instruments  of  removal  and  appointment  to  the  effect  that 
the  party  signing  such  instruments  is  the  owner  or  holder  of 
the  bonds  for  which  he  or  she  signs,  and  stating  the  serial  num- 
ber and  the  amount  in  value  of  each  bond  and  the  owner  or 
holder’s  place  of  residence. 

It  is  also  hereby  Expressly  Agreed,  and  provided  that  in  Successor  in  Trust 
case  of  the  api)ointnient,  in  any  of  the  modes  herein  provided,  PoTe^rs^ftc. 
of  a successor  or  successors,  to  the  trust  hereby  created,  such 
successor  shall  be  invested  with  all  and  singular  the  powers 
and  duties  hereby  conferred  and  imposed  upon  the  said 
Trustee  herein  and  hereby  designated,  so  long  as  he  or  they 
shall  remain  such  successor  Trustee. 


312 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Bonds  delivered  by  ARTICLE  Ninth.  — The  said  Trvistee,  the  said  party  of  the 
h/proTided^  secoiid  part,  hereby  promises  and  agrees  that  in  no  case  will  it 

deliver  to  said  Railway  Company,  the  said  party  of  the  first 
part,  or  to  any  other  person  or  persons,  any  of  the  bonds 
secured  hereby,  except  in  conformity  with  the  provisions  of 
this  instrument. 


Recording  of  this 
Instrument. 


Trustee  may  pur- 
chase at  Sale. 


The  said  Trustee,  hereby  agrees  to  cause  this  instrument 
to  be  recorded  in  all  the  Counties  of  Missouri,  Kansas,  and 
Texas  in  which  any  part  of  the  said  railways  of  the  said  party 
of  the  first  part,  or  any  extensions,  additions,  and  branches 
thereof,  may  be  situated. 

Article  Tenth. — The  said  Trustee,  or  any  successor  to 
this  trust,  shall  have  the  right,  and  is  hereby  empowered  and 
authorized,  on  any  sale  under,  or  foreclosure  of  this  mort- 
gage or  deed  of  trust,  to  buy  in  the  mortgaged  property  at  a 
price  not  exceeding  the  amount  of  the  mortgage  bonds 
secured  hereby,  and  to  hold  and  possess  the  property  so  pur- 
chased, and-to  control,  manage,  use,  and  operate  the  same  and 
receive  the  incomes,  rents,  issues,  and  profits  thereof , upon  the 
trusts  and  subject  to  the  covenants  and  the  conditions  of  this 
indenture. 


Bonds  receivable  as  ARTICLE  ELEVENTH. — And  ill  Case  any  Foreclosure 
Purchase  Money,  Sale,  or  of  any  sale  made  under  any  of  the  provisions  of  this 
deed  of  trust,  the  purchaser  or  purchasers  thereat,  shall  be 
entitled  in  making  settlement  for,  and  payment  of,  the  pur- 
chase money  therefor,  to  deliver  to  the  then  Trustee,  toward 
the  payment  of  such  purchase  money,  any  of  the  said  bonds 
and  interest  coupons  secured  hereby,  and  held  by  such  pur- 
chaser or  purchasers,  counting  such  bonds  and  interest  coupons 
for  such  purpose  at  a sum  not  exceeding  that  which  shall  be 
l^ayable  out  of  the  net  proceeds  of  such  [sale]  to  the  holder  or 
holders  of  such  bonds  and  interest  coupons,  as  his  or  their 
share  and  proportion  in  that  character  of  such  net  proceeds  of 
sale,  after  allowing  for  the  proportion  of  payment  which  may 
be  required  in  cash  for  the  costs  and  expenses  of  the  sale,  and 
Avhich  proportion  of  cash  payment  shall  be  determined  and 
announced  by  the  then  Trustee  previous  to  any  such  sale  ; and 
if  such  proportionate  sum  shall  be  less  than  the  amount  of 
such  bonds  or  interest  coupons,  to  make  such  settlements  by 
receipting  thereon  for  the  amount  to  be  credited  thereupon. 


Trustee  may  call  AliTlCLE  TWELFTH.  — For  the  Purpose  of  Carrying’  out  the 
^Iders^*  Trusts  and  objects  of  these  presents,  the  said  Trustee  or  its 

successor  or  successors  to  this  trust,  may,  whenever  it  shall  be 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


313 


deemed  expedient,  call  meetings  of  the  holders  of  said  bonds 
secured  hereby  in  some  convenient  place  in  the  City  of  New 
York,  upon  such  notice,  and  under  such  regulations,  as  it  may 
deem  proper,  but  no  decision  of  any  majority  in  amount  at  any 
such  meetings  shall  be  of  [any]  effect  unless  the  same  shall  be 
duly  authenticated  by  an  instrument  in  writing  signed  by  the 
persons  holding  such  majority  and  proved  as  herein  provided. 


Article  Thirteenth.  — The  Execution  of  any  Instrument  Execution  of  Instru- 
or  Affidavit  required  by  any  provision  of  these  presents  to  be 
executed  by  a majority  in  amount  of  the  holders  of  the  said 
bonds  hereby  secured,  then  outstanding,  shall  be  deemed 
sufficiently  proved,  if  their  respective  execution  of  such  instru- 
ment (which  may  be  executed  in  any  number  of  parts  or 
duplicates),  and  of  any  procuration  or  power  of  attorney  under 
which  any  signer  may  claim  to  act,  and  their  holding  of  the 
said  bonds  respectively  stated  to  be  held  by  them,  such  bonds 
being  identified  by  their  serial  numbers  and  amounts,  as 
aforesaid,  shall  be  certified  by  a Notary  Public  or  other  person 
authorized  to  take  acknowledgments  of  deeds,  with  their  seals 
of  office  affixed  of  any  State  or  County,  and  any  certificate 
and  seal  purporting  to  be  a notarial  certificate  and  seal,  or 
certificate  and  seal  of  any  other  officer  authorized  to  take 
acknowledgments  of  any  deeds,  shall  be  sufficient  evidence  of 
the  official  character  of  the  persons  making  such  certificates. 


Article  Fourteenth.  — The  sai<l  Trustee  or  Mortgaged 

Successor  to  this  Trust,  may  permit  said  Rail  wav  Conq)any,  may  be  sold  ^ 

.Li  -1  ^ r*  .1  i • 1 I.  • . way  Company,  when. 

the  said  party  ot  the  first  part,  it  not  in  default  in  the  jia^unent 
of  interest  on  said  bonds,  to  sell  any  rolling  stock,  eipiipment, 
materials,  or  machinery,  right  of  way  or  depot,  or  other  grounds 
theretofore  acquired  for  the  use  and  operation  of  its  railways, 
or  any  part  of  them,  and  which  may  be  no  longer  iiecessary  or 
useful,  but  upon  the  fundamental  condition  only  that  the 
purchase  money  shall  be  received  by  the  then  Trustee,  or  the 
property  so  sold  to  be  re})laced  by  other  projicrty  of  the  same 
character,  and  to  become  subject  to  the  trusts  and  })rovisions 
of  these  presents,  and  such  purchase  money  shall  be  received, 
or  the  projierty  sold  be  so  reiilaced  by  other  pro})erty,  before 
any  instrument  releasing  the  lien  of  this  indenture  shall  be 
delivered  by  the  Trustee. 


Property 
. bv  Kaii- 


Article  Fifteenth.  — The  words  “Trustee,”  “ sahL,^  , „ ^ 

“ Trustee  ” and  other 

Irustee,  and  “ party  of  the  second  jiart,”  as  used  in  this  Terms,  construed, 
instrument,  shall  be  construed  to  mean  the  Trustee  or  Trustees 
for  the  time  being  of  this  deed  of  trust,  and  whenever  a 


314 


THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


vacancy  shall  exist,  or  any  change  of  Trustees  shall  be  made, 
to  mean  the  surviving  or  continuing,  or  successor  Trustee. 
And  any  surviving,  continuing,  or  successor  Trustee  herein  shall 
fngT7succesror"^'  possessed  of,  and  be  fully  competent  to  exercise,  all  the 
Trustee.  powers  and  duties  granted  and  conferred  by  these  presents  to 

the  said  Trustee  named  in  this  instrument  as  the  party  of  the 
second  part. 


Ten  or  more  Copies 
of  this  Mortgage  exe- 
cuted. 


Article  Sixteenth.  — And  Inasmuch  as  it  is  intended  that 
this  instrument  shall  be  recorded  in  the  proper  offices  in  each 
of  the  several  counties  of  the  said  States  wherein  the  railway 
property  and  premises  conveyed  hereby,  or  intended  so. to  be, 
or  some  part  thereof  is  situated,  as  nearly  at  the  same  time  as 
possible,  this  indenture  further  witnesseth  that,  although  ten 
or  more  copies  or  counterparts  thereof  are  simultaneously 
executed  by  the  said  Railway  Company,  the  said  party  of  the 
first  part,  by  its  President,  under  its  corporate  seal,  attested  by 
its  Secretary,  in  pursuance  of  the  aforesaid  resolutions  of  the 
said  Company,  and  delivered  to  the  said  Trustee,  and  the  said 
Trustee,  in  evidence  of  its  acceptance  of  the  trusts  thereby 
created,  has  likewise  duly  executed  said  ten  or  more  copies  or 
counterparts  ; all  of  said  copies  or  counterparts  so  executed  and 
delivered,  each  as  an  original,  shall  constitute  but  one  and  the 
same  instrument. 


[ skalA 


In  Testimony  Whereof , the  Missouri,  IC\nsas  and 
Texas  Railway  Company^  the  said  party  of  the 
first  part,  has  caused  its  corporate  name  to  be 
hereunto  signed  by  its  President,  and  its  cor- 
porate seal,  attested  by  its  Secretary,  to  be 
hereunto  affixed ; and  the  Trustee,  the  said  party 
of  the  second  part,  has  signified  its  acceptance 
of  the  Trusteeship  herein  created  by  likewise 
causing  its  corporate  njiine  to  be  hereunto  signed 
by  its  President  and  its  corporate  seal,  attested 
by  its  Secretary,  to  be  hereunto  affixed,  the* 
day  and  year  first  aliove  written. 

Missouri,  Kansas  and  Texas  Railway  Company. 

By  Jay  Gould,  President. 


Attest  : 

H.  B.  He  NSON,  Secretary. 


The  Mercantile  Trust  Company. 
l)y  Louis  Fitzgerald,  President. 

Attest : 

HenPvY  C.  De:\iing,  Secretary. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


315 


State  of  New  York, 

City  and  County  of  New  York, 

Be  it  remembered,  that,  on  this  22d  day  of  January,  A.  D.,  Certificate 

1881,  before  me,  Chas.  Edgar  Mills,  a Commissioner  for  the  of  Acknowledgment. 
States  of  Missouri,  Kansas,  and  Texas,  and  a Notary  Public,  in 
and  for  the  State  and  County  of  New  York,  residing  in  said 
City  of  New  York,  personally  appeared  Jay  Gould,  the  Presi- 
dent, and  Henry  B.  Henson,  the  Secretary  of  the  Missouri, 

Kansas,  and  Texas  Railway  Co3ipany,  to  me  respectively 
personally  known  to  be  such,  who  being  by  me  severally  duly 
sworn,  did  depose  and  say,  that  he,  said  Jay  Gould,  resides 
in  New  York  City,  State  of  New  YWrk;  that  he,  said  Henry 
B.  Henson,  resides  in  the  City  of  Brooklyn,  New  York; 
that  he,  said  Jay  Gould,  is  the  President,  and  he,  said 
Henry  B.  Henson,  is  the  Secretary  of  the  said  Company ; 
that  they  both  know  the  corporate  seal  of  said  Company  ; 
that  the  seal  affixed  to  the  foregoing  instrument  is  such  cor-  ^ 

porate  seal;  that  it  was  so  affixed  thereto  by  order  of  the  Board 
of  Directors  of  said  Company,  and  that  they,  the  said  flay 
Gould,  as  such  President,  signed  the  name  of  said  Company, 
and  their  own  names  thereto,  by  the  like  order,  as  President 
and  Secretary  of  said  Company,  and  they  each,  respectively, 
being  personally  known  to  me  to  be  the  same  persons  whose 
names  are  signed  to  the  foregoing  instrument,  as  i)arties  thereto, 
acknowledged  to  me  that  they  signed,  sealed,  and  executed  the 
same  as  their  own  free  and  voluntary  act  and  deed,  and  as  the 
free  Jind  voluntary  act  and  deed  of  the  said  ('ompany,  foi‘  the 
purpose  and  objects  therein  stated  ; and  on  the  same  day  there 
also  personally  ap[)eared  before  me,  Louis  Fitzgerald,  Presi- 
dent, and  Henry  C.  Deniing,  Secretary  of  The  Mercantile 
Trust  Company,  to  me  respectively  personally  known  to  he  such, 
who  being  by  me  severally  duly  sworn,  did  depose  and  say, 
that  he,  said  Louis  Fitzgerald,  resides  in  New  York  City,  State 
of  New  York  ; that  he,  said  Louis  Fitzgerald,  is  the  President, 
and  he,  said  Henry  C.  Deming,  is  the  Secretary  of  the  said  '1'he 
Mercantile  Trust  Company;  that  they  both  know  the  cor- 
porate seal  of  said  Conniany ; that  the  seal  affixed  to  the  fore- 
going instrument  is  such  corporate  seal ; that  it  was  so 
affixed  thereto  by  order  of  the  Board  ()f  Directors  of  said 
Company,  and  that  they,  the  said  Louis  Fitzgerald,  as  such 
President,  signed  the  name  of  said  Company,  and  their  own 
names  thereto,  by  the  like  order,  as  President  and  Secretary  of 
said  Company,  resiiectively , and  they  each,  respectively,  being 


TIIP]  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


316 


personally  known  to  me  to  be  the  same  persons  whose  names 
are  signed  to  the  foregoing  instrument,  as  parties  thereto, 
acknowledged  to  me  that  they  signed,  sealed,  and  executed  the 
same  as  their  own  free  and  voluntaiy  act  and  deed,  and  as  the 
free  and  voluntary  act  and  deed  of  the  said  Company,  for  the 
purposes  and  objects  therein  stated. 

Ill  Witness  AVliereof,  I have  hereunto  set  my  hand  and 
affixed  my  official  seals,  this  22d  day  of  January,  A.  D., 
1881. 

[Missouri  Seal.]  Charles  Edgar  Mills, 

Commissioner  for  the  State  of  Missouri  in  New  Yorh, 

[Kansas  Seal.]  Charles  Edgar  AIills, 

Commissioner  for  Kansas  in  Neiv  York. 

[Texas  Seal.]  Charles  Edgar  Mills, 

Commissioner  for  Texas  in  New  York. 

[The  original  of  the  foregoing  intrument  was  filed  for  record 
in  the  office  of  the  Recorder  of  Deeds  for  Pettis  County,  Mis- 
souri, on  the  7th  day  of  February,  1881,  and  is  recorded  in  said 
office  in  “Trust  Deed  and  Mortgage  Record,  No.  19,”  on  pages 
238  to  272,  inclusive.  The  foregoing  is  an  accurate  copy  of 
the  mortgage  as  there  recorded.] 


MISSOURI,  KANSAS  AND  TEXAS  RAILWAY 
COMPANY. 


INCOME  SECOND  MORTGAGE, 


APRIL  1,  1876. 

THIS  INDENTURE,  made  the  first  day  of  April,  one^  . 

Pcirti6s* 

thousand  eight  hundred  and  seventy-six,  between  the  Mis- 
souri, Kansas  and  Texas  Railway  Comrany,  of  the  first 
part,  and  The  Union  Trust  Coairany,  of  New  York,  of  the 
second  part : 

Whereas,  the  party  hereto  of  the  first  jiai-tdid,  on  or  i^^^out 
the  first  day  of  February,  one  tiiousand  eight  hundred  and  gage,  Feb.  1,  1871. 
seventy-one,  duly  make,  execute,  and  deliver  unto  [the  said] 
party  of  the  second  jiart  a certain  trust  deed  or  mortgage, 
known  as  a Consolidated  Mortgage,  whereby  the  said  party  of 
the  first  part  did  duly  grant,  bargain,  sell,  assign,  transfer,  and 
convey  unto  the  said  party  of  the  second  part  all  the  iiroperty, 
both  real  and  jiersonal  and  mixed,  and  all  the  corporate  rights, 
powers,  franchises,  and  privileges  therein  fully  set  forth  and 
described,  to  have  and  to  hold  the  same  unto  the  said  jiarty  of 
the  second  part,  its  successor  or  successors  and  assigns,  in  trust 
to  secure  the  payment  of  bonds  in  the  sum  of  one  thousand  dol- 
lars each,  amounting  to  the  aggregate  princijial  sum  of  four- 
teen millions  of  dollars,  and  numbered  from  one  to  fourteen 
thousand,  both  inclusive,  and  for  the  uses,  intents,  and  purposes 
in  the  said  indenture  of  mortgage  fully  expressed  and  declared, 
as  by  reference  thereto,  now  being  in  the  proper  custody  of  the 
party  of  the  second  part,  and  also  duly  recorded,  among  other 
places,  in  the  oflice  of  the  Recorder  of  the  County  of  Pettis,  in 
the  State  of  Missouri,  will  more  fully  and  at  large  appear; 

And  Wlicreas,  after  the  execution  and  delivery  of  the  said 
trust  deed  or  mortgage,  the  said  party  of  the  first  part  did 
acipiire  and  become  the  owner  of  certain  other  corporate  rail- 
road rights  and  franchises  and  property,  real  and  personal,  and 

( 31.7  ) 


318  THE 


Additional  Mort- 
gage, June  1,  1872. 


Additional  Mort- 
gage (Ft.  Smith 
Branch)  Nov.  1, 
1872. 


MISSOUKI,  KANSAS  AND  TEXAS  KAILWAY. 


did  thereupon  proceed  to  make  a further  issue  of  two  thousand 
five  hundred  bonds,  in  the  sum  of  one  thousand  dollars  each, 
amounting  to  the  aggregate  principal  sum  of  two  millions,  five 
hundred  thousand  dollars,  and  numbered  from  fourteen  thous- 
and and  one  to  sixteen  thousand  five  hundred,  both  inclusive, 
and  did  thereupon  make,  execute,  and  deliver  to  the  party  hereto 
of  the  second  part  an  additional  trust  deed  or  mortgage,  bear- 
ing date  the  first  day  of  June,  one  thousand  eight  hundred  and 
seventy-two,  whereby  the  said  party  of  the  first  part  did  bring 
in  the  said  certain  other  corporate  railroad  rights  and  franchises 
and  property,  real  and  personal,  which  the  said  party  of  the  first 
part  did  so  acquire,  for  the  purpose  and  with  the  intent  of  secur_ 
ing  the  payment  of  the  said  further  issue  of  bonds,  equally 
and  alike,  upon  the  property  of  the  said  party  of  the  first  part, 
as  by  reference  to  the  said  trust  deed  or  mortgage,  now  being 
in  the  proper  custody  of  the  party  hereto  of  the  second  part, 
and  duly  recorded,  will  fully  and  at  large  appear  ; 

And  Whereas,  afterwards,  and  on  or  about  the  first  day  of 
November,  one  thousand  eight  hundred  and  seventy-two,  the 
said  party  of  the  first  part,  for  the  purpose  of  providing  for 
the  construction  of  a branch  of  its  railway  from  a point  on  its 
mainline,  at  or  near  Fort  Gibson,  in  the  Indian  Territory,  to 
Fort  Smith,  in  the  State  of  Arkansas,  authorized  a further 
issue  of  two  thousand  bonds,  of  one  thousand  dollars  each, 
numbered  from  sixteen  thousand  five  hundred  and  one  to  eigh- 
teen thousand  five  hundred,  both  inclusive,  and  did  thereupon 
execute  and  deliver  to  the  party  hereto  of  the  second  part  an 
additional  trust  deed  or  mortgage,  bearing  date  the  first  day  of 
November,  one  thousand  eight  'hundred  and  seventy-two,  and 
conveying  all  its  rights,  franchises,  and  privileges  in  respect  to 
said  branch  railway,  known  as  the  Fort  Smith  Branch,  as  by 
reference  to  said  trust  deed  or  mortgage,  now  being  in  the 
proper  custody  of  the  party  hereto  of  the  second  part,  will 
more  fully  and  at  large  appear ; 

And  Whereas,  afterwards,  and  on  or  about  the  first  day  of 
June,  one  thousand  eight  hundred  and  seventy -three,  the  said 
party  of  the  first  part  did  acquire  and  become  the  owner  of 
certain  other  corporate  railroad  rights  and  franchises  and 
property,  real  and  personal,  and  did  thereupon  proceed  to 
make  a further  issue  of  one  thousand  four  hundred  bonds,  in 
the  sum  of  one  thousand  dollars  each,  amounting  to  the  aggre- 
gate principal  sum  of  one  million,  four  hundred  thousand  dol- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


319 


lars,  and  numbered  from  sixteen  thousand  five  hundred  and 
one  to  seventeen  thousand  nine  hundred,  both  inclusive,  and 
did  thereupon  make,  execute,  and  deliver,  to  the  party  hereto 
of  the  second  part,  an  additional  trust  deed  or  mortgage,  bear- 
ing date  the  first  day  of  June,  one  thousand  eight  hundred  and  Mortgage,  June  1, 
seventy -three,  whereby  the  said  party  of  the  first  part  did^^^^* 
bring  in  the  said  certain  other  corporate  railroad  rights  and 
franchises  and  property,  real  and  personal,  which  the  said 
party  of  the  first  part  did  so  acquire,  for  the  purpose  and  with 
the  intent  of  securing  the  payment  of  the  further  issue  of 
bonds  upon  the  property  of  the  said  party  of  the  first  part,  as 
by  reference  to  the  said  trust  deed  or  mortgage,  now  being  in 
the  proper  custody  of  the  party  hereto  of  the  second  part,  and 
duly  recorded,  will  fully  and  at  large  appear  ; 


And  AVhereas,  the  interest  upon  the  first  mortgage  bonds  of 
the  said  party  of  the  first  part  is  now  in  arrear  and  un})aid, 
and  its  floating  debt  is  un})rovided  for,  and  an  agreement 
bearing  date  the  first  day  of  March,  1871),  between  the  holders 
of  bonds  of  the  Missounr,  Kansas  and  Tkxas  Railway  Co.ai- 
TANY,  known  as  first  mortgage  consolidated  bonds,  and  the 
holders  of  the  mortgage  bonds  of  the  Union  Pacific  Railway 
Company,  Southern  Branch,  or  so  many  of  said  holders  as 
shall  sign  said  agreement,  of  tlie  first  part,  the  holders  of 
bonds  of  the  Missouri,  Kansas  and  Tkxas  Railway  Company, 
known  as  second  mortgage  bonds,  and  all  other  creditors  of 
said  Railway  Company,  or  so  many  of  said  bondliolders  and 
creditors  as  shall  sign  said  agreenumt , jiarties  of  the  second 
part,  the  Missouri,  Kansas  and  Texas  Railway  Company,  of 
the  third  part,  and  tlie  Union  Trust  Company,  of  New  ^h)rk, 
of  the  fourth  part,  has  been  made,  which  said  agreement  is  in 
the  words  and  figures  following,  to  wit:  — 


Agreement  of  March 
1,  1870,  between  the 
:SL  K.  and  T.  Ry., 
iis  Bondholders  and 
Creditors,  the  Bond- 
holders of  the  U.  P. 
Ky.  8o.  Br.  and  the 
U nion  Trust  Com- 
pany of  New  York. 


“Tills  Aj*reeiiieiit,  made  this  1st  day  of  March,  187(5,  Parties  to  Agree- 
between  the  holders  of  the  bonds  of  the  Missouri,  Kansas  Xo!  March  is 
AND  Texas  Railmay  Company,  known  as  first  mort<i:a2:e 
consolidated  bonds,  and  the  holders  of  the  mortfraire  bonds 
of  the  Union  Pacific  Railway  Comiiany,  Southern  Branch,  or 
so  many  of  said  holders  as  shall  sign  this  agreement,  parties 
of  the  first  part:  — 

“ The  holders  of  bonds  of  the  Missouri,  Kansas  and  Texas 
Raiiavay  Company,  known  as  second  mortirafre  bonds,  and  all 
other  creditors  of  said  Railway  Conqiany,  or  so  many  of  said 


820 


TPIE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


Foreclosure  Suits 
pending. 


Scaling  of  Interest, 
upon  First  Mortgage 
Consolidated  Bonds 
and  U.  P.  Ky., 
Southern  Branch 
Bonds. 


Income  Bonds  Re- 
ceivable for  Unpaid 
Interest. 


bondholders  and  creditors  as  shall  sign  this  agreement,  parties 
of  the  second  part  : 

“The  Missouri,  Kansas  and  Ti:xas  Railway  Company, 
party,  of  the  third  part,  and 

“ The  Union  Trust  Company,  of  New  York,  party  of  the 
fourth  part,  Witnesseth  : — 

“ Whereas,  the  party  of  the  third  part  is  unable  at  present 
to  pay  its  existing  indebtedness,  and  whereas  foreclosure  suits 
have  been  commenced  and  are  now  pending  against  it  to  fore- 
close its  first  mortgage,  and  other  suits  to  foreclose  its  second 
mortgage,  and  a receiver  has  been  appointed  in  said  second 
mortgage  foreclosure  suits  ; and  whereas  an  amicable  arrange- 
ment is  desirable,  so  as  to  save  costs  and  other  expenses  : 

“ Now,  Therefore,  it  is  Agreed  as  follows  : — 

“ First.  — The  Parties  of  the  First  Part  Agree  that,  in 
lieu  of  the  interest  payable  upon  their  said  first  mortgage 
consolidated  bonds  and  Union  Pacific  Railway  Company, 
Southern  Branch,  bonds,  according  to  the  terms  thereof,  and 
represented  by  the  coupons  thereto  attached,  becoming  due 
subsequent  to  the  31st  day  of  December,  1875,  they  will  accept 
interest  on  said  bonds  at  the  rate  of  four  per  cent,  per  annum, 
in  gold,  for  the  years  1876,  1877,  and  1878,  and  at  the  rate  of 
five  per  cent,  per  annum,  in  gold,  for  the  years  1879,  1880, 
and  1881  ; such  interest  to  be  paid  semi-annually,  on  the  days 
named  in  such  coupons,  except  that  the  first  semi-annual 
installment  thereof,  namely,  two  per  cent.,  shall  be  paid  forth- 
with, that  is  to  say,  as  soon  as  this  agreement  is  perfected. 

“ Second.  — Said  Parties  of  the  First  Part  furtlier  Agree, 
that  for  the  whole  amount  of  interest  falling  due  between  Jan- 
uary 1,  1874,  and  December  31,  1875,  in  arrear  and  unpaid 
upon  said  outstanding  first  mortgage  consolidated  bonds  and 
Union  Pacific  Railway  Company,  Southern  Branch,  bonds, 
and  also  for  the  difierence  between  the  interest  payable  upon 
such  bonds  by  the  terms  thereof,  as  the  same  becomes  due  for 
the  six  years  to  come,  above  named,  and  the  said  rate  of  four 
per  cent,  per  annum  for  three  years,  and  five  per  cent,  per 
annum  for  the  succeeding  three  years,  hereby  agreed  to  be 
accepted,  the  said  Missouri,  Kansas  and  Texas  Railway 
Company  may  issue  an  income  bond  bearing  interest  at  the  rate 
of  six  per  cent,  per  annum,  })ayable  semi-annually,  in  lawful 
money,  from  the  net  or  surplus  earnings  of  said  Railway  Com- 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


321 


pany,  wliicli  said  income  bonds  Urst  parties  agree  to  accept  in 
payment  of  said  interest  on  their  said  mortgage  bonds  which 
fell  due  prior  to  December  31,  1875,  and  also  for  said  differ- 
ence in  interest  for  said  six  years  to  come,  at  the  rate  of  eighty 
per  cent,  of  their  par  value  (the  gold  coupons  to  be  reduced 
to  currency  at  the  market  price  of  gold  at  their  respective  dates 
of  maturity).  Said  income  bonds  to  be  in  the  denominations 
of  $1,000  and  $500,  not  to  exceed  the  aggregate  principal  sum 
of  ten  millions  of  dollars,  dated  April  1,  1876,  to  mature  in 
thirty-five  years,  and  to  be  secured  by  a second  mortgage  to 
said  Union  Trust  Company,  upon  all  the  property  and  fran- 
chises of  the  Missouri,  Kansas  and  Texas  Railway  Co:m- 
PANY,  provided,  however,  that  the  second  mortgage  bonds 
heretofore  issued  by  said  Railway  Company  be  retired,  and  the 
mort^ao^e  to  secure  the  same  canceled.  Said  income  bonds  to 
be  deposited  with  the  said  Union  Trust  Company,  and  to  be 
issued  by  it,  as  hereinafter  provided,  to  the  floating  debt  cred- 
itors entitled  to  the  same,  u})on  production  of  and  delivery  to 
it  of  the  vouchers  for  their  claims,  attested  by  tlie  resolution  of 
the  Executive  Committee  of  the  Board  of  Directors  of  said 
Railway  Company  duly  certified  under  its  seal ; and  to  the 
holders  of  cou[)ons  of  said  first  mortgage  bonds,  or  of  pre- 
ferred stock,  in  exehange  for  the  same.  To  those  holding 
claims  or  coupons  aggregating  less  than  $500,  tlie  Trust  Com- 
pany to  issue  fractional  scri[)  certificates,  secured  under  said 
mortgage,  bearing  no  interest,  but  convertible  at  i)ar  into  said 
income  bonds  in  sums  of  $500. 

“Third.  — if  the  Net  or  Surplus  Earuiiij*s  of  said  Rail- 
way Company  shall,  at  any  time,  be  more  than  sufiicient  to  pay 
the  interest  on  said  first  morWaj^e  bonds  at  the  reduced  rate 
for  the  next  ensuing  six  years  as  aforesaid,  and  in  addition 
thereto,  the  aforesaid  rate  of  interest  ui)on  said  second  mort- 
gage income  bonds,  the  excess  of  such  net  or  surplus  earnings 
shall  be  applied  towards  increasing  the  payment  of  interest  on 
the  first  mortgage  l)onds,  u})  to  the  full  amount  of  interest 
payable  thereon  by  the  terms  of  such  bonds;  and  in  case  the 
earnings  of  said  Railway  Company  in  each  six  months  shall  be 
insufficient  to  i)ay  the  interest  on  said  income  bonds,  then,  for 
any  such  deficit,  a scrip  certificate  shall  be  issued  by  said  Rail- 
way Company,  which  shall  be  redeemed  with  six  per  cent, 
interest  thereon  before  any  dividend  can  be  declared  14)011  the 
stock  of  said  Company. 


Income  Ponds  to  be 
secured  by  r^econd 
Mortgage. 


Income  Bonds  for 
Floating  Debt 
Creditors. 


For  Holders  of  Pre- 
ferred Stock. 


Scrip  Certificates  for 
Sums  less  than  $500. 


Net  Surplus  of  Earn- 
ings how  applied. 


Scrip  Certificates  for 
Interest  on  Income 
Bonds,  until,  etc. 


322 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Net  Surplus  not  ap- 

flied  to  Interest  on 
ncome  Bonds, 
until,  etc. 


Fort  Smith  Bonds 
$1,182,000,  held  to 
be  Valid  First  Mort- 
gage Consolidated 
Bonds. 


Boonville  Bridge 
First  Mortgage 
Bonds  held  Valid. 


Second  Mortgage 
Bondholders. 


“ It  being  however,  the  Intention  of  this  Agreement  that 
the  permanent  value  of  the  property  covered  by  said  first 
mortgage  shall  not  be  lessened  by  anything  herein  contained, 
it  is  further  agreed,  that  after  paying  the  interest  on  said  first 
mortgage  bonds  at  the  reduced  rate  for  the  next  ensuing  six 
years  as  aforesaid,  the  surplus  in  any  year  shall  not  be  applied 
to  payment  of  interest  on  the  income  bonds  until  the  Trust 
Company  have  filed  with  the  Advisory  Board  ( to  be  constituted 
as  hereinafter  provided),  a certificate  that  said  Company  has 
caused  an  examination  of  the  property  to  made  by  an  expei-t 
appointed  by  it  for  the  purpose,  and  that  the  result  of  such 
examination  shows  that  the  value  and  efficiency  of  the  pro- 
perty have  been  maintained,  and  that  such  payment  can  be 
made  without  detriment  to  the  intrinsic  value  of  the  security 
covered  by  said  first  mortgage. 

“ Fourth. — The  Bonds  Heretofore  Issued  by  the  Missouri, 
Kansas  and  Texas  Kail  way  Company,  amounting  to  the  aggre- 
gate principal  sum  of  eleven  hundred  and  eighty-two  thousand 
dollars,  known  as  the  Fort  Smith  Bonds,  shall  be  recognized 
and  assumed  by  the  said  Kailway  Company  as  valid  first 
mortf^ao^e  consolidated  bonds. 

O D 

“ Fifth. — The  Boonville  Bridge  First  Mortgage  Bonds 
shall  be  recognized  and  assumed  by  the  said  Kailway  Compan}' 
as  valid  bonds,  and  any  mechanics’  or  other  liens  claimed  to 
have  existed  afjainst  the  Boonville  Bridge  in  favor  of  the 
American  Bridge  Company  or  others,  and  claimed  to  have  been 
in  any  way  assigned  or  transferred  to  the  said  Kailway  Com- 
pany, shall  be  subject  to  the  liens  of  said  Boonville  Bridge 
first  mortgage  bonds. 

“ Sixth.  — As  to  the  Parties  of  the  Second  Part: 

Interest  on  their  respective  claims,  at  tlie  rate  of  seven  per- 
cent. per  annum  from  maturity  of  said  claims  to  August  1, 
1875,  to  be  allowed,  and  for  the  amount  of  principal  and  inter- 
est so  ascertidned,  any  first  mortgage  bonds  held  by  them  as 
collateral  security  may  be  retained  by  said  second  parties  (ex- 
clusive of  coupons  maturing  prior  to  February  1,  187t,  which 
shall  be  returned  to  the  Company),  and  credited  upon  said 
indebtedness  at  the  rate  of  sixty-five  per  cent,  of  the  par 
value  thereof,  flat,  and  any  Boonville  Bridge  Company  Bonds 
held  by  them  as  collateral  may  be  retained  and  held  (exclusive 
of  coupons  maturing  prior  to  May  1,  187(),  which  shall  be 


THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


323 


returned  to  the  Company),  and  credited  at  the  rate  of  ninety 
per  cent,  of  the  par  value  thereof , flat;  for  the  balance  of 
said  indebtedness,  after  crediting  such  collaterals,  or  where 
no  first  mortgage  bonds  or  Boonville  Bridge  Company  Bonds 
are  held  and  credited  as  aforesaid,  interest  shall  be  allowed 
upon  claims  to  April  1,  1876,  and  for  the  amount  so  ascer- 
tained, said  parties  of  the  second  part  agree  to  receive,  and 
there  shall  be  issued  to  them,  at  80  per  cent,  of  their  par 
value,  the  new  Second  Mort^ao^e  Income  Bonds  of  said  Mis- 
souRT,  Kansas  and  Texas  Railway  Company  hereinbefore  de- 
scribed. 

“ Second  mortgage  bonds  heretofore  issued,  and  all  Tebo  Cancellation  of  Sec- 
and  Neosho  R.  R.  Bonds,  numbered  from  two  thousand  and 

and  upwards,  shall  be  surrendered,  and  the  mortfjaoes  securing  JJortgage  of  Tebo  & 
^ ’ ’ c r-  D Neosho  K.  R.  Co. 

the  same  canceled. 

“ Seventh.  — The  Ag:reemeiit  bearing  Date  April  27,1874, 
between  the  Missouri,  Kansas  and  Texas  Railavay  Co.aipany 2^^187^, ^betwL^^he 
and  certain  creditors  holding  “Floating  Debts  or  f^i^diilities,’’ 
certain  mortgage  bondholders,  and  certain  stockholders,  of  holders  — Canceled, 
the  said  Missouri,  Kansas  and  Texas  Railway  Company  is 
hereby  rescinded  and  canceled. 

“ The  Trustees,  Messrs.  Belmont,  iMorgan,  and  Meyer,  to  Belmont, 

surrender  to  said  Union  Trust  Company  all  moneys  and  coupons  >iorgan  and  Meyer, 
in  their  hands. 

“All  Persons  holding  Preferred  Stock  of  said  Missouri,  Preferred  Btockhold- 
Kansas  and  Texas  Raiiavay  Company  issued  under  said 
agreement  of  April  27,  1874,  in  exchange  for  couijons,  to  deliver 
the  same  to  the  Union  Trust  Company,  and  to  receive  said  new  Stock, 
second  mortgage  income  bonds,  or  at  their  option,  the  coupons 
originally  surrendered  therefor.  It  is  further  agreed,  that  on 
all  preferred  shares  on  which  the  dividend  of  four  per  cent, 
declared  in  November,  1874,  has  not  been  paid,  and  on  all 
coupons  deposited  for  exchange  into  such  shares,  for  which 
no  stock  was  issued,  and  on  all  coupons  of  bonds  the  holders 
of  which  did  not  assent  to  said  agreement  of  Ajiril  27,  1874,  an 
amount  equivalent  to  said  dividend  shall  now  forthwith  be  paid 
out  of  any  moneys  transferred  to  said  Trust  Company  by  said 
Messrs.  Belmont  and  others.  Trustees,  and  in  default  of  suffi- 
cient money  being  so  transferred,  such  equivalent  amount  shall 
be  paid  out  of  any  other  moneys  coming  to  said  Trust  Company 
applicable  to  the  payment  of  interest  on  consolidated  bonds, 
before  any  other  payment  is  made.  This  provision  being  in 


324 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


order  that  equality  in  the  payments  on  all  consolidated  bonds 
or  coupons,  or  preferred  stock  representing  the  same,  may  be 
attained  and  preserved. 


Foreclosure  Suits  “ EiGiiTii.  — The  Suits  to  foreclose  said  Second  Mort- 
^a<?e to^be d?s1ii?ss^eT  discontinued,  and  the  bills  of  complaint  therein  to 

be  dismissed  without  costs  against  the  complainants.  Provis- 
ion to  be  made  in  an  order  to  be  entered  in  such  suits,  for  the 
payment  of  all  proper  costs,  allowances,  and  commissions,  to 
any  of  the  parties  to  such  suits,  and  to  their  solicitors  and 
counsel.  The  Receivership  to  be  vacated,  the  Receiver  to  pass 
his  accounts  and  to  be  discharfjed. 

O 


Possession  to  be 
given  to  Union 
Trust  Company. 


Liability  of  Trust 
Company. 


I 


“ Ninth.  — The  said  Union  Trust  Company  as  mortgagee 
in  trust  under  the  consolidated  first  morto:ao^e  hereinbefore 
referred  to  to  enter  into  and  take  possession  of  all  and  singu- 
lar the  property  and  franchises  in  said  consolidated  first  mort- 
gage and  in  the  mortgages  additional  thereto  described;  for 
which  purpose  the  said  Missouri,  Kansas  and  Texas  Railway 
Company  hereby  gives  and  grants  to  said  Union  Trust  Com- 
pany full  power  and  authority  to  enter  in  and  upon  the  said  prop- 
erty, and  take  possession  thereof,  and  to  manage  and  use  the 
same  as  hereinafter  provided ; the  said  Trust  Company  to  be  held 
liable  to  account  only  for  good  faith,  and  the  exercise  of  its 
best  judgment  in  the  selection  and  employment  of  agents,  the 
management,  care,  and  disposition  of  the  said  moneys  and  prop- 
erty, and  the  proper  payment  and  application  of  the  same. 
Upon  taking  possession  of  the  said  property,  the  said  Trust 
Company  is  to  manage  and  dispose  of  the  same,  pursuant  to 
the  terms  of,  and  in  order  to  carry  out  this  agreement,  so  far 
as  the  same  may  be. 


“ Tenth.  — An  Advisory  Board  to  consist  of  seveii  mem- 
bers, is  to  be  constituted  as  follows  : — 

“ Three,  to  be  Named  by  the  joint  action  of  the  Amsterdam 
and  New  York  Committees  of  first  mortgage  bondholders. 
The  successors  of  these  three  to  be  elected  by  the  first  mort- 
"a^e  bondholders  themselves. 

O & 

“ Two,  to  be  Trustees  of  said  Union  Trust  Company,  and 
to  be  named  by  it. 

“One,  to  be  Chosen  by  a majority  in  interest  of  said 
second  mortgage  bondholders  and  floating  debt  creditors,  the 
parties  hereto  of  the  second  part. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


325 


“One,  by  the  Board  of  Directors  of  the  Missouri,  Kansas 
AND  Texas  Railavay  Company. 

“All  vacancies  to  be  filled  by  the  parties  who  have  elected  Vacancies  in  Advis- 
the  person  whose  seat  is  vacated,  except  as  modified  above  as°^^  Board, 
to  first  mortfifa^e  bondholders. 

“ Such  Board  shall  hold  stated  meetings,  and  its  functions  Functions  of  Ad- 
shall  be  to  advise  and  assist  the  said  Trust  Company  in  the 
management  and  execution  of  its  trust. 

“ The  Trust  Company  shall  keep  said  Board,  in  all  respects.  Duty  of  Trust  Com- 
fully  advised  in  all  the  matters  and  affairs  of  said  Railway 
Company. 

“ The  Trust  Company  hereby  agrees  to  conform  its  action  Trust  Company  to 
upon  any  matter  connected  with  its  trust  in  respect  to  Advisory 

Railway,  or  the  creditors  thereof,  to  the  request  of  said  Advi- 
sory Board,  expressed  by  an  affirmative  vote  of  five  members 
of  said  Board,  provided  the  said  Trust  Company  is  not  advised 
by  its  counsel  that  such  action  would  be  illegal,  or  would  sub- 
ject the  Trust  Company  to  [lersonal  responsibility  therefor. 

“The  Trust  Company  shall  not  exercise  the  })owers  of  sale  Trust  Company  not 

to  (‘XGrcisG  X owGr  of 

conferred  in  said  consolidated  mortgage,  so  long  as  it  is  in  pos-sale. 
session  of  said  property,  under  this  agreement,  unless  upon 
application  to  a court  of  competent  jurisdiction,  after  due 
notice  to  all  parties  in  interest,  it  shall  be  ordered  and  adjudged 
by  such  court  that  said  Trust  Company  may  exercise  such 
power  of  sale. 

“The  Receiver  now  in  possession  shall,  upon 
charged  by  the  court,  turn  over  to  the  said  Trust  Company  all  charged, 
property  and  moneys  in  his  hands. 

“ Eleventh.  — Whenever  the  Xet  Proceeds  of  the  business  Trust  Company  to 
of  the  road  shall  be  sufficient,  pursuant  to  the  foregoing  pro-®yj^g®"‘^®‘^ ^ 
visions,  to  pay  the  first  mortgage  coiq)ons  in  full,  and  whenever 
two  su(;h  payments  in  full  shall  have  been  made  in  succes- 
sion, it  shall  be  the  duty  of  the  said  Trust  Company  to  settle 
its  accounts  with  the  Railway  Company,  and  to  deliver  to  the 
Railway  Company,  all  and  singular,  the  money  and  property 
so  held  by  it  in  trust ; and  the  receipt  and  discharge  of  said 
Railway  Company  shall  be  a full  bar  and  release  against  any 
and  all  claims  of  any  parties  to  this  agreement,  or  any  })erson 
claiming  by,  through,  or  under  them,  or  any  of  them. 

“The  Trust  Company  in  no  Event  to  he  Eiahle  for  the  errors,  jjability  of  TfusIgg 
negligence  or  defalcations  of  any  agents  selected  or  appointed 


326 


THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


Powers  of  Trust 
Company  in  Posses 
sion. 


How  in  Case  of  Dis 
sent  by  any  Bond 
holder  or  Creditor, 


Holders  of  Negotia- 
ble Securities. 


Coupons  or  Pre- 
ferred Stock 
stamped  on 
Exchange. 


Corporate  Organiza- 
tion of  M.,  K.  & T. 
Ry.  Co.  to  be  main- 
tained. 


Sinking  Fund. 


Counterparts  of  this 
Agreement. 


by  it,  provided  only  that  the  said  agents  be  appointed  with 
reasonable  care  and  discretion. 

“ It  is  also  Understood  that  the  said  Trust  Company  may 
-and  shall  have  the  power  to  appoint  and  remove  a general 
agent  to  take  the  general  care  and  management  of  said  Rail- 
way,  and  to  perform  substantially,  under  the  direction  of  said 
Trust  Company,  the  same  duties  now  performed  by  the 
Receiver  in  possession  ; and  the  propriety  of  appointing  to  such 
position  the  present  Receiver,  William  Bond,  is  conceded  and 
admitted  by  the  parties  hereto. 

“ Twelfth.  — It  is  further  Agreed  that  in  case  any  bond- 
- holder  or  other  creditor  or  person  shall  not  assent  to  this 
agreement,  whereby  it  shall  become  impracticable  to  carry  out 
the  same,  that  in  such  case  all  the  rights  and  privileges  of 
any  of  the  parties  hereto,  shall  be  reinstated  and  restored,  the 
same  as  if  this  agreement  had  never  been  made,  to  the  end 
that  the  parties  hereto  may  have  and  retain  equal  rights  and 
privileges  with  creditors  of  the  same  grade  not  assenting. 

“Thirteenth.  — Holders  of  Negotiable  Securities  of 
said  Railway  Company,  assenting  to  this  agreement,  agree  to 
produce  the  same  to  said  Union  Trust  Compan}^,  or  its  duly 
authorized  agent,  and  to  have  the  same  stamped  as  assenting 
to  this  agreement. 

“ Coupons  or  preferred  stock,  delivered  and  exchanged  under 
this  agreement,  are  to  be  stamped  and  retained  by  said  Trust 
Companj^  and  to  be  considered  as  valid  and  effectual  as  other 
non-assenting  coupons,  till  this  agreement  shall  be  finally  car- 
ried out  and  completed. 

“ Fourteenth.  — The  Party  of  the  Third  Part  is  to  main- 
tain its  corporate  organization  at  an  expense  not  exceeding 
one  thousand  dollars  per  month;  which  sum  said  party  of  the 
fourth  part  is  hereby  authorized  to  pay  out  of  the  revenues  of 
said  Missouri,  Kansas  and  Texas  Railway,  to  the  executive 
officer  thereof. 

“Fifteenth.  — The  Provisions  of  said  First  Mortgage  as 
to  a sinking  fund,  are  to  be  suspended  during  the  continuance 
of  this  agreement. 

“Sixteenth.  — As  the  Parties  to  this  Agreement  are 
Numerous  and  scattered,  it  is  made  in  many  j)€arts;  but  any 
one  of  said  parts  may  be  separately  signed,  and  all  such  parts 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


327 


shall  be  deemed  and  taken  to  be  one  and  the  same  agreement, 
in  the  same  manner  as  if  each  of  said  parts  had  been  fully  exe- 
cuted by  each  and  all  of  the  parties  or  persons  executing  any 
of  the  same. 

“ 111  Witness  Whereof,  the  parties  of  the  third  and 
fourth  part  have  caused  these  presents  to  be 
signed  by  their  respective  Presidents,  and  their 
several  corporate  seals  to  be  hereunto  affixed; 
and  the  parties  of  the  tirst  and  second  parts  have 
also  affixed  their  hands,  the  day  and  year  first 
above  written.” 

And  Whereas,  for  the  purpose  of  carrying  said  agreement 
into  effect,  the  said  party  of  the  first  part  has  resolved  f o ^^oooo ^000  to  carry 
issue  a series  of  bonds,  amounting  in  the  aggregate  to  ten  mill-^ut  Foregoing 
ions  of  dollars,  consisting  of  six  thousand  bonds  of  five  bun- 
dred  dollars  each,  and  numbered  consecutively  from  one  to  six 
thousand  inclusive,  and  seven  thousand  bonds  for  one  thou- 
sand dollars  each,  numbered  consecutively  from  six  thousand 
and  one  to  thirteen  thousand,  inclusive;  and  to  secure  the  said 
bonds  by  a trust  deed  or  mortgage,  to  the  said  i)arty  hereto  of 
the  second  part,  of  the  various  lines  of  railroad  now  owned 
and  operated  liy  the  said  party  of  the  first  part,  with  all  the 
lands  and  property,  real  and  personal,  thereto  belonging  or  in 
any  wise  a})pertaining,  as  hereinafter  fully  described;  and 
that  each  of  the  said  bonds  shall  be  in  the  words  and  figures 

o 

following,  subject  only  to  necessary  variation,  as  to  the  dis- 
tinguishing numbers  and  amount  thereof:  — 

O O 

United  States  of  America, 

States  of  Kansas  and  Missouri.  Form  of  Bond. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY  COM- 
PANY. 

Six  Cent.  Income  and  Mortgage  Bond. 

Know  all  Men  by  these  Presents,  that  the  Missouri,  Kan- 
sas AND  Texas  Railway  Comrany  is  indebted  to  the  Union 
Trust  Company  of  New  York,  or  bearer,  in  the  sum  of  one 
thousand  dollars  in  lawful  money  of  the  United  States  of 
America,  which  the  said  Railway  Company  promises  to  pay  to 
the  bearer  hereof,  on  the  first  day  of  April,  in  the  year  nine- 
teen hundred  and  eleven,  in  the  City  of  New  York,  and  from 
the  net  or  surjilus  earnings  of  said  Railway  Company  to  pay 


328 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


according  to  the  terms  of  the  trust  deed  or  mortgage  herein- 
after mentioned,  interest  thereon,  semi-annually  at  the  rate  of 
fency^— ^Prin^S^^' Cent,  per  annum,  lawful  money,  at  its  office  or  agency 
and  Interest.  in  the  City  of  New  York,  on  the  first  days  of  April  and  Octo- 

ber, in  each  year,  upon  the  presentation  and  surrender  of  the 
coupons  hereto  attached  as  they  severally  become  due  as  pro- 
vided therein,  and  in  case  of  default  in  the  payment  of  any  of 
the  interest  coupons  attached  to  this  bond  in  the  manner  pro- 
vided in  the  said  trust  deed  or  mortgage,  then,  and  in  that  case, 
the  principal  sum  of  this  bond  shall  become  due  in  the  manner 
and  with  the  effect  provided  in  the  said  trust  deed  or  mortgage. 
Bonds  for  $10,000,-  This  bond  is  one  of  a series  of  bonds,  amounting  in  the  aggre- 
gate  to  ten  millions  of  dollars,  consisting  of  six  thousand  bonds 
of  five  hundred  dollars  each,  and  numbered  consecutively  from 
one  to  six  thousand,  inclusively,  and  seven  thousand  bonds  for 
one  thousand  dollars  each,  numbered  consecutively  from  six 
thousand  and  one  to  thirteen  thousand,  inclusively;  all  which 
are  of  like  tenor,  date  and  effect  (except  as  to  the  numbers 
and  amounts  thereof),  and  are  secured  by  a trust  deed  or 
mortgage,  bearing  even  date  herewith  and  made  by  the  said 
Railway  Company  to  the  said  Union  Trust  Company  of  New 
York,  conveying,  in  trust,  the  corporate  property,  real  and 
by^Trust  Deed.^^^^^P6i‘sonal,  lands,  land  grants,  and  the  franchises  and  privi- 
leges belonging  to  or  hereafter  to  be  acquired  by  the  said  Rail- 
way Company. 

The  entire  income  of  vsaid  property  (after  the  payment  of 
the  expenses  of  operating  and  keeping  the  said  railway  and 
property  in  repair,  and  of  the  interest  on  the  incumbrances, 
prior  hereto,  which  are  more  fully  set  forth  in  said  trust  deed 
or  mortgage),  is  pledged  to  the  payment  of  these  bonds,  and 
the  interest  thereon,  in  the  manner  set  forth  in  said  trust  deed 


Income. 


or  morto-af>:e. 


Certification. 


This  bond  shall  not  be  obligatory  until  authenticated  by  a 
certificate  of  the  Trustee  aforesaid,  to  the  effect  that  the  same 
is  one  of  the  series  of  bonds  described  in  said  mortgage. 


In  Witness  Whereof,  the  said  Missouri,  Kansas  and 
Texas  Railway  Company  has  caused  these  pre- 
sents to  be  signed  by  its  President  and  Secretary, 
and  its  corporate  seal  to  be  hereto  affixed,  the 
first  day  of  April,  A.  1).,  eighteen  hundred  and 
seventy-six. 


, Secretary 


, President. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


329 


Which  said  bonds  shall  also  have  indorsed  thereon  the  fol- 
lowing notice,  viz.  : — 

This  bond  shall  pass  by  delivery  or  by  transferor!  the  books 
of  the  Company,  in  the  City  of  New  York,  and  such  other  Transfe^°” 
places  in  this  country  and  Europe  as  the  Company  may  here- - 
after  designate.  After  a registration  of  ownership,  certified 
hereon  by  the  Secretary  of  the  Company,  or  its  transfer  agent, 
no  transfer  except  on  the  books  of  the  Company  shall  be  valid, 
unless  the  last  transfer  shall  have  been  to  bearer ; the  bond 
to  be  entitled  to  successive  registrations  and  transfers  to 
bearer,  at  the  option  of  each  holder,  and  other  privileges  in 
that  behalf  mentioned  in  said  trust  deed  or  mortgage. 

Xow,  Therefore,  This  Indenture  Witnesseth,  that  the  said  This  Indenture 
party  hereto  of  the  first  part,  for  and  in  consideration  of 
premises,  and  of  the  sum  of  one  dollar  to  it  duly  paid  by  the 
party  hereto  of  the  second  ])art,  and  in  order  to  secure  the 
payment  of  the  principal  and  intei’est  of  the  said  bonds 
according  to  the  tenor  thereof,  and  in  the  manner  herein  pro- 
vided, hath  granted,  bargained,  sold,  assigned,  transferred 
and  conveyed,  and  by  these  })i*esents  doth  grant,  bargain,  sell, 
assign,  transfer  and  convey  unto  the  said  i)arty  of  the  second 
part,  its  lawful  successor  or  successor’s,  in  the  trust  hereby 
created,  and  assif^ns. 

First.  — All  and  Sinj'iilar  the  Kailrnad,  as  the  same  is  Road  from  Junction 
constructed  and  operated,  extending  fi’om  unction  City,  iii  Houncrary^L\ne”^of 
Davis  County,  and  State  of  Kansas,  down  the  Valley  of  the  Miles. 

Neosho  River,  through  the  Counties  of  Davis,  Morris,  Lyon, 

Coffee,  Woodson,  Allen,  Neosho,  and  Labette,  to  a point  in 
the  southern  boundai’y  line  of  said  State,  between  the  Neosho 
River  and  the  western  boundary  of  Labette  (kninty,  a distance 
of  one  hundred  and  eighty-two  miles,  mor’e  or  less. 


And  also  all  the  right,  title,  and  interest  which  the  pai’ty  of 
the  first  part  has,  by  reason  of  the  construction  of  said  line  ofcon^Jes^an^  ^\ate 
said  road,  to  and  in  any  land  or  lands  heretofoi’e  gr-anted  by  Kansas, 
any  act  of  Congress  to  the  State  of  Kansas  to  aid  such  con- 
struction, the  said  lands  being  the  same,  or  so  much  thereof 
as  r-emain  unsold  at  the  date  hereof,  which  were  gr-anted  by 
acts  of  Congress  to  the  State  of  Kansas,  and  by  said  State  to 
the  Union  Pacific  Railway,  Southern  Rrancli,  as  set  forth  in 

the  fii’st  mortgage  executed  by  the  party  of  the  fir’st  part  to  Consolidated  First 
.1  . 1.  f.  . . , . 1 . Mortj^age,  Feb.  1, 

the  party  of  the  second  part,  bearing  date  February  1,  1871,  isTi. 

to  which  reference  is  hereby  made,  and  also  all  the  right,  title 


330 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Proceeds  of  Lands  and  interest  of  the  said  party  of  the  first  part  in  and  to  the 
proceeds  of  such  of  said  lands  as  may  have  been  sold,  which 
heretofore  belonged  to  the  said  Railway  Company,  or  in  which 
the  said  Company  was  in  any  way  interested,  and  which  are 
now  unexpended  and  unapplied;  and  also  all  the  right,  title, 
and  interest  of  the  said  party  of  the  first  part  in  and  to  any 
proceeds  of  lands  granted  to  the  State  of  Kansas  by  act  of 
Congress,  entitled  “ An  Act  to  appropriate  the  proceeds  of 
the  sale  of  public  lands,  and  to  grant  pre-emption  rights,” 
approved  September  4,  1841,  and  heretofore  sold  by  said  State, 
under  and  by  virtue  of  an  act  of  the  Legislature  of  the  State 
of  Kansas,  entitled  “ An  act  providing  for  the  sale  of  public 
lands  to  aid  in  the  construction  of  certain  railroads,”  approved 
Frebruary  23,  1866;  and  also  all  the  right,  title,  and  interest 
of  the  party  of  the  first  part  in  and  to  such  of  the  lands  granted 
by  the  act  of  Congress  aforesaid,  which  were  heretofore  sold 
and  conveyed  by  the  State  of  Kansas  to  the  Land  Grant  Rail- 
Land  Grant  Kailwa.'y  way  and  Trust  Company,  and  by  said  Company  to  the  party 
and  Trust  Company.  part,  together  with  all  and  singular  the  tenements, 

hereditaments,  rights,  privileges,  easements,  income,  advan- 
tages and  appurtenances  to  the  said  lands  and  premises  belong- 
ing or  in  anywise  appertaining,  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues,  and  profits 
thereof;  and  also  all  the  estate,  right,  title  and  interest,  pro- 
perty, claim,  and  demand  whatsoever,  at  law  or  in  equity,  of 
the  said  party  of  the  first  [)art  , of,  in  and  to  the  same,  and  any 
and  every  part  or  parcel  thereof  (the  extent  and  aggregate 
area  of  the  lands  to  which  the  party  of  the  first  part  became 
1 200,000  Acres  of  ^o  entitled  being  estimated  at  one  million  two  hundred  thousand 
acres  of  land),  situate  in  the  State  of  Kansas. 


Road  from  Southern 
Boundary  Line  of 
Kansas,  through 
Indian  Territory 
to  Denison,  Tex., 

250  Miles. 


Lands  acquired  in 
Indian  Territory. 


Second. — Also,  All  and  Singular,  tlie  said  Line  of  Rail- 
road, constructed  and  operated  from  the  said  southern  boundary 
line  of  the  State  of  Kansas,  southerly  through  the  Indian  Terri- 
tory to  the  southern  boundary  line  of  the  State  of  Texas,  to  a 
point  at  or  near  the  town  of  Denison,  in  said  State,  a distance  of 
two  hundred  and  fifty  miles,  more  or  less ; and  also  all  the  right, 
title,  and  interest  which  the  party  of  the  first  part  now  has  or 
may  hereafter  acquire  by  reason  of  constructing  the  extension 
of  the  said  line  of  railroad  through  the  Indian  Territory,  in 
and  to  any  lands  granted  by  the  acts  of  Congress  aforesaid,  or 
which  the  said  party  of  the  first  part  now  has  or  may  hereafter 
acquire  under  and  l)y  virtue  of  a treaty  or  treaties  from  any 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


331 


Indian  nation  or  tribe,  or  otherwise,  howsoever,  appertaining 
to  the  aforesaid  extension,  together  with  all  the  rights,  privi- 
leges, tenements,  hereditaments,  and  appurtenances  that  may 
belong  or  appertain  thereto;  the  land  granted  under  said  acts 
of  Congress  being  ten  alternate  sections  of  land  on  each  side  of 

O O 


Lands  granted  by 
Congress. 


said  railroad,  reserving  therefrom  any  right,  purchase,  or 
privilege,  or  land  appertaining  thereto,  under  the  act  of  Con- 
gress aforesaid,  to  extend  said  road,  or  construct  a branch 
thereof,  through  a portion  of  the  Indian  Territory  to  Fort 
Smith. 


Third.  — All  and  Singular  the  Railroad,  as  the  same  is  Road  from  Sedalia 
now  constructed,  extending  from  Sedalia,  in  Pettis  County,  in  ^^^j^LinTof  State' 
the  State  of  Missouri,  to  the  western  boundary  of  said  State, 
a distance  of  one  hundred  miles,  more  or  less,  being  the  rail- 
road acquired  by  the  party  of  the  first  part,  by  purchase  from 
the  Tebo  and  Neosho  Railroad  Company,  as  mentioned  and 
described  in  the  first  trust  deed  or  Consolidated  Mortgage,  from  Consolidated  Mort- 
the  party  of  the  first  part,  to  the  party  of  the  second  part, 
aforesaid,  to  which  reference  is  hereby  made. 

Fourth. — All  and  Singular  liie  Railroad,  which  the 
T 1 1 o I !•  -1  I • 1 Road  from  Parsons 

Labette  and  Sedalia  Railway  Company  were  authorized  to  Northeasterly  to 

construct  and  operate,  as  mentioned  in  the  first  trust  deed  State  Lme,  60  Miles. 

Consolidated  Mortgage  aforesaid,  to  which  reference  is  hereby 

made,  and  which  is  now  constructed  from  the  town  of  Parsons, 

in  Labette  County,  in  the  State  of  Kansas,  on  the  main  line  of 

the  railroad  of  the  party  of  the  first  jiart,  northeasterly,  through 

Labette,  Neosho,  Crawford,  and  Bourbon  Counties,  to  the 

boundary  line  between  the  States  of  Kansas  and  Missouri,  and 

to  the  point  in  said  boundary  line,  where  the  same  intersects 

the  railroad  acijuired  by  the  said  party  of  the  first  })art,  from 

the  Tebo  and  Neosho  Railroad  Company,  as  aforesaid,  a 

distance  of  sixty  miles,  more  or  less. 

Ffftii.  — And  also,  all  the  Following  Property,  real  and  j^eal  and  Personal 
personal,  now  owned,  or  which  may  be  at  any  time  hereafter 
acipiired  by  the  party  of  the  first  part,  for  the  use  of  any  or 
all  the  railroads  above  described,  namely,  all  the  lands,  tene- 
ments, and  hereditaments,  and  rights  of  way,  aiid  all  lands 
appropriated  for  depots,  superstructures,  buildings,  erections 
and  fixtures;  and  also  all  tracks,  bridges,  viaducts,  culverts, 
fences,  and  other  structures,  depots,  engine-houses,  car-houses, 
freight-houses,  wood-houses  Jind  other  buildings  ; and  all 
machine-shoi)s  and  other  shops;  and  also,  all  locomotives. 


332 


THE  MIS80UKI,  KANSAS  AND  TEXAS  RAILWAY. 


Franchises,  Rights 
and  Powers. 


Road  from  Sedalia 
to  Moberly,  72  Miles. 


First  Additional 
Mortgage  referred  to. 


Road  from  Hannibal 
to  Moberly,  70  Miles. 


Real  and  Personal 
Property. 


tenders,  cars,  and  other  rolling  stock  or  equipments  ; and  also, 
all  machinery,  tools,  implements,  fuel,  supplies,  and  materials 
for  constructing,  operating,  repairing,  or  replacing  the  said 
railroads,  or  any  or  either  of  them  ; and  also,  all  corporate  and 
other  franchises,  powers,  rights,  and  privileges  now  held  and 
owned  or  which  may  be  hereafter  acquired  the  party  of  the 
first  part,  connected  with  or  relating  to  the  said  railroads,  or 
either  of  them. 

Sixth. — All  and  Singular  the  Railroads  of  the  party 
hereto  of  the  first  part,  now  constructed  and  in  operation, 
extending  from  Sedalia,  in  the  State  of  Missouri,  northerly  to 
Moberly,  in  said  State,  a distance  of  seventy-two  miles,  being 
a part  of  the  railroad  of  the  Tebo  and  Neosho  Railroad  Com- 
pany, conveyed  to  the  said  party  of  the  first  part,  more  par- 
ticularly described  in  the  first  additional  mortgage,  made  by 
the  party  of  the  first  part,  to  the  party  of  the  second  part, 
dated  June  1,  1872,  to  which  reference  is  hereby  made, 
together  with  all  the  rights,  powers,  })rivileges,  and  franchises, 
belonging  or  in  anywise  appertaining  to  the  railroad,  hereby 
conveyed,  or  intended  so  to  be. 

Seventh.  — The  Entire  Railroad,  of  and  belonging  to  the 
said  party  of  the  first  part,  situate,  lying,  and  being  and 
extending  from  its  eastern  terminus  in  the  City  of  Hannibal, 
in  the  State  of  Missouri,  westerly  through  the  Counties  of 
Marion,  Ralls,  and  Monroe,  to  its  terminus,  in  the  town  of 
Moberly,  in  the  County  of  Randolph,  as  the  same  has  been 
heretofore  and  is  now  constructed,  maintained,  and  operated, 
being  seventy  miles  in  length. 

And  also,  All  Lands  and  Real  Estate  of  every  kind  and 
nature,  and  wheresoever  the  same  may  be  situate,  of  or 
belonging  to  the  said  party  of  the  first  part,  and  owned,  used, 
occupied,  and  enjoyed  in  the  construction,  [maintenance,]  and 
operation  of  said  railroad,  together  with  all  depots,  station- 
houses,  freight-houses,  car-houses,  machine-shops,  cattle-yards, 
all  other  buildings,  erections,  tenements,  structures,  and 
fixtures,  and  all  machinery,  tools,  rails,  ties,  tracks,  bridges, 
viaducts,  culverts,  fences,  or  other  constructions  or  suj)er- 
structures  to  the  said  railroad  belonging  or  in  anywise 
a])})ertaining,  including  all  locomotives,  tenders,  cars,  and  all 
other  rolling  stock  and  ecpiipments  now  owned  or  used  in  the 
o[)eration  of  said  railroad,  or  which  may  be  hereafter  accpiired 
th(n-(‘for. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


333 


And  also,  All  the  Franchises,  rights,  powers,  and  privileges  Franchises,  Rights 
of  or  belonging  to  the  said  party  of  the  first  part,  pertaining 
to  the  railroad  hereby  conveyed,  and  all  easements  or  other 
incorporeal  rights,  however  acquired  or  conferred,  and  all  other 
property,  real,  personal,  or  mixed,  owned,  used,  occupied,  or 
enjoyed,  or  which  may  hereafter  be  acquired,  owned,  and  used 
by  the  said  party  of  the  first  part,  in  or  about  the  construction 
maintenance  and  operation  of  said  railroad. 

Eighth. — All  and  Singular  the  Railroad,  ^o^^sL'^^i^ted 

from  the  town  of  Holden,  on  the  Missouri  Pacific  Railroad,  in  the  to  Western  Bound- 
~ o PAT-  -1  • 11  1 !^rv  Line  of  State,  38 

County  ot  Johnson,  State  ot  Missouri,  thence  into  and  through  Miles. 

the  municipal  toAvnship  of  Camp  Branch,  and  into  and  through 
the  municipal  township  of  Grand  River,  and  into  and  through 
the  corporate  limits  of  the  City  of  Harrisonville,  in  Cass 
County,  and  thence  to  the  western  boundary  line  of  the  State 
of  Missouri,  in  tlie  direction  of  the  town  of  Paola,  in  the 
State  of  Kansas,  a distance  of  about  thirty-eight  miles,  together 
with  all  lands,  tenements,  and  hereditaments  accpiired  or  to  be 
acquired,  for  riglits  of  way  for  the  said  iiortion  of  railroad 
hereby  conveyed,  and  all  the  ajiinirtenanccs  thereto  belonging, 
and  also  all  lands  ac({uired  and  appro})riated,  or  to  be  acijuired 
and  appropriated,  for  depots,  siqierstructures,  buildings,  erec- 
tions, and  fixtures  on  the  said  line  of  railroad,  and  all  tracks, 
bridges,  viaducts,  culverts,  fences,  and  all  houses  and  buildings 
thereon  or  a})pertaining  thereto,  and  all  other  i)ro})erty  real 
or  personal,  now  owned  or  hereafter  to  be  acquired  by  the  p®^^pg”^y 
})artv  of  the  first  ])art,  its  successors  or  assigns,  for  the  con- 
struction, operation,  or  management  of  said  line  of  railroad, 
including  all  locomotives,  tenders,  cars,  and  other  rolling  stock 
and  e(juipments,  machinery,  tools,  materials,  and  also  all  the 
franchises,  iiowers,  rights,  and  ])rivile<res  belonging:  or  ai)i)lic- 

,,  , - P ..  1 . 1 • 1 Franchises,  Rights, 

able  to  said  jiortion  ot  railroad  betwetm  the  })oints  above  Powers, 
named,  and  now  owned  and  possessed,  or  which  may  hereafter 
be,  by  said  party  of  the  first  part,  aciinired  for  the  construc- 
tion, maintenance,  and  operation  of  said  jiortion  of  railroad. 


Ninth  — So  of  the  Fine  of  Railway  heretofore  Road  from  Eastern 

belonging  to  tlie  Neosho  \'alley  and  Holden  Railway  Coni- 
})any,  and  heretofore  consolidated  and  made  one  corporation,  -Stiles, 
with  and  under  the  name  of  the  party  hereto  of  the  first 
})art,  as  above  recited,  as  extends  from  that  point,  on  the 
eiistern  boundary  line  of  the  State  of  Kansas,  where  the  rail- 
way or  road  of  the  said  The  St.  Louis  and  Santa  Fe  Railroad 


334 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Keal  and  Personal 
Property. 


Franchises,  Rights 
and  Powers. 


Com])any,  Missouri  Division,  crosses  said  boundary  line  from 
Cass  County,  Missouri,  to  the  town  of  Paola,  in  Kansas,  a 
point  in  the  line  of  said  road  distant  fifteen  miles  westerly 
from  said  boundary  line,  together  with  all  lands,  tenements, 
and  hereditaments  acquired  or  to  be  acquired  for  rights  of 
way  for  the  said  portion  of  railroad  hereby  conveyed,  and  all 
appurtenances  thereto  belonging,  and  also  all  lands  acquired 
and  appropriated,  or  to  be  acquired  or  appropriated,  for 
depots,  superstructures,  buildings,  erections  and  fixtures  on 
the  said  line  of  railroad,  and  all  tracks,  bridges,  viaducts,  cul- 
verts, fences,  and  all  houses  and  buildings  thereon  or  apper- 
taining thereto,  and  all  other  property,  real  or  personal,  now 
owned  or  hereafter  to  be  acquired  by  the  party  of  the  first 
part,  its  successors  or  assigns,  for  the  construction,  operation 
or  management  of  said  line  of  railroad,  including  all  loco- 
motives, tenders,  cars,  and  other  rolling  stock  and  equip- 
ments, machinery,  tools,  materials,  and  also  all  the  franchises, 
powers,  rights  and  privileges  belonging  or  applicable  to  said 
portion  of  railroad  between  the  points  above  named,  now 
owned  or  possessed,  or  which  may  hereafter  be  by  said  party 
of  the  first  part  acquired  for  the  construction,  maintenance 
or  operation  of  said  portion  of  railroad,  and  which  said  rail- 
road is  now  constructed,  equipped,  and  in  running  order. 


To  have  and  to  hold. 


Total,  785  Miles  of 
Road. 


To  Have  and  to  Hold,  all  and  singular,  the  above  men- 
tioned and  described  premises,  rights,  franchises,  railroads 
(said  railroads  taken  together  being  seven  hundred  and  eighty- 
five  miles,  more  or  less,  in  length,  constructed  and  in  opera- 
tion), and  real  and  personal  property,  unto  the  said  party  of 
the  second  part,  its  successor  or  successors  or  assigns,  in 
trust,  and  for  the  uses,  intents,  and  purposes  hereinafter 
expressed  and  declared,  of  and  concerning  the  same,  that  is 


to  say : — 

Trustee’s  Certificate.  ARTICLE  FiRST.  — No  One  of  the  said  Bonds  shall  be 
deemed  issued,  or  be  valid  or  secured  by  this  mortgage,  until 
there  shall  have  been  indorsed  upon  it  a certificate  duly  signed 
by  the  party  of  the  second  part,  its  successor  or  successors 
in  this  trust,  to  the  eflect  following,  viz.:  The  Union  Trust 
Company  of  New  York,  hereby  certifies  that  the  within  bond 
is  one  of  the  series  of  bonds  described  in  the  trust  deed  or 


morti^affe  within  mentioned. 

o o 


Prior  Deeds  of  Trust  ARTICLE  SeconI).  — Tlie  several  Bines  of  Railroad,  and  all 
enumerated.  and  other  pro})erty,  whether  real,  personal,  or  mixed. 


THE  MISSOUEI,  KANSAS  AND  TEXAS  RAILWAY 


335 


hereinbefore  described  and  assigned,  transferred  and  conveyed, 

by  this  trust  deed  or  mortgage,  or  so  assigned,  transferred  and 

conveyed,  subject  to  the  prior  lien,  operation,  and  effect  of  the 

several  trust  deeds  or  morto:a^es  heretofore  made  and  executed 

by  the  said  party  of  the  first  part  hereto  to  the  said  party 

of  the  second  part  hereto  ; one  of  which  said  trust  deeds  or..  ^ ^ , 

mortgages  bears  date  the  first  day  of  Februrary,  one  thou- 1871, to  secure  Bonds 

sand  eight  hundred  and  seventy-one  ; and  was  given  to  secure 

bonds  amounting  in  the  aggregate  to  the  principal  sum  of 

fourteen  millions  of  dollars;  one  other  additional  trust  deed 

or  mortgage,  which  bears  date  the  first  day  of  June,  one Mortgageof  Junel, 
, , 1 • 1 . 1 1 1 1 , 1 . 1872,to  secure  Bonds 

thousand  eight  hundred  and  seventy-two,  and  w^as  given  to  for  $2,500,000. 

secure  bonds  amounting  in  the  aggregate  to  the  principal  sum 

of  two  millions,  five  hundred  thousand  dollars,  one  further 

additional  mortgage  bearing  date  the  first  day  of  November,  ^tortgage  of  Nov.  l, 
. 1 • . . 4 1 , 1 / 1872,  to  secure  Bonds 

one  thousand  eight  hundred  and  seventy-two;  the  bonds  for  $1,182,000. 

issued  thereunder  being  those  known  as  Fort  Smith  bonds, 

and  amounting  to  one  million,  one  hundred  and  eighty-two 

thousand  dollars  ; and  one  further  additional  mortgage,  which 

bears  date  the  first  day  of  fJune,  one  thousand  eight  hundred  Mortgageof  June  l, 

and  seventy-three,  and  was  given  to  secure  bonds  ^$1^400  000^^”^^ 

in  the  aggregate  to  the  principal  sum  of  one  million,  four 

hundred  thousand  dollars,  and  which  said  several  trust  deeds 

or  mortgages  together  constitute  prior  liens  on  the  several 

lines  of  railroad,  and  all  the  lands  and  other  pro})erty,  real 

and  jiersonal,  therein  described,  being  the  same  which  are 

described  in  this  trust  deed  or  mortgage,  and  which  said  prior 

® ^ Total  Prior  Liens, 

hens  amount  in  the  aggregate  to  nineteen  millions  and  eighty- $19,082,000. 

two  thousand  dollars. 

Articlk  Third.  — When  by  the  Terms  of  the  Agreement  jj^tg^est  paid  from 
hereinbefore  recited,  the  property  of  the  party  of  the  first 
part  hereto  shall  have  been  transferred  and  delivered  to  it  as 
therein  jirovided,  the  party  of  the  first  part  shall  thereafter  })ay 
from  its  net  or  surplus  earnings  remaining  after  the  fiayment 
of  the  exficnses  of  operating  and  keeping  in  re})air  its  railway 
and  firoperty  herein  described,  and  of  the  interest  on  the  sev- 
eral incumbrances  prior  hereto  and  hereinbefore  mentioned 
and  described,  interest  upon  said  bonds  semi-annually  at  the 
rate  of  six  })er  cent,  per  annum,  in  lawful  money,  at  its  office 
or  agency  in  the  City  of  New  York,  on  the  first  day  of  Afiril 
and  of  October  in  each  year;  and  in  case  at  any  time  the  said 
net  or  surplus  earnings  so  remaining  as  aforesaid  shall  not  be 


336 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


sufficient  to  pay  the  interest  on  said  bonds  as  the  same  becomes 
due  and' payable,  the  said  party  of  the  first  part  shall  issue  to 
the  holder  of  the  coupons  or  interest  warrants  of  said  bonds, 
a scrip  certificate  payable  only  from  the  net  or  surplus  earn- 
fak”^up"'coup^on^^^  of  said  party  of  the  first  part,  and  which,  with  interest 

thereon  at  the  rate  of  six  per  cent,  per  annum,  shall  be 
redeemed  and  paid  by  said  party  of  the  first  part  before  it 
shall  declare  or  pay  any  dividend  upon  its  capital  stock. 


Register  of  Bonds 
under  Second  Mort- 
gage to  be  kept  at 
Office. 


Change  of  Registry. 


Article  Fourth.  — The  Party  of  the  First  Part  doth 
hereby  further  covenant  and  agree  to  and  with  the  party  of 
the  second  part,  and  its  successor  or  successors  in  this  trust, 
that  the  party  of  the  first  part  shall  at  all  times  hereafter 
keep  at  its  office  in  the  City  of  New  York,  and  such  other 
places  in  this  country  or  in  Europe,  as  it  may  hereafter 
appoint,  a book  or  books,  which  shall  be  respectively  desig- 
nated as  the  “Register  of  Bonds,  issued  under  the  Second 
Mortgage,”  and  that  any  holder  of  any  of  the  bonds  issued 
under  the  provisions  of  this  indenture,  may  there  register  his 
bonds  upon  presenting  the  same,  and  that  when  a bond  is  so 
registered  in  the  name  of  any  such  person,  such  person  shall 
be  deemed  and  reg^arded  as  the  owner  of  such  bond,  and  that 
all  payments  of  either  principal  or  interest  thereon  shall 
thereafter  be  made  to  him  or  his  order  only,  and  that  such 
payments  to  him  or  to  his  order  shall  be  valid  })ayments  of 
such  principal  or  interest,  and  a discharge  to  the  party  of  the 
first  part  to  the  extent  of  the  sums  so  paid;  and  also  that 
such  registry  may  be  changed  upon  presentation  of  the  bond 
with  the  written  order  of  the  person  in  whose  name  it  is 
registered,  properly  authenticated,  to  the  name  of  such  person 
as  may,  by  said  written  order,  lie  designated  for  the  purpose, 
and  he  shall  thereafter  be  deemed  and  regarded  as  the  owner 


of  the  bond  and  its  interest  coupons,  under  the  same  circum- 
stances and  conditions,  and  with  the  same  rights  as  the  prior 
owner,  includins;  the  ri<>:ht  to  chancre  the  reo^istration  in  manner 
aforesaid,  and  so,  from  time  to  time,  as  the  owner  for  the 

time  beiim  may  desire,  and  that  the  registered  holder  may 
Bonds  Registered  to  , , ...  . . . i , , , 

Bearer.  also  have  the  right  to  register  the  bond  as  payable  to  bearer, 

in  which  case  the  bond  and  interest  coinions  shall  be  payable 

to  the  holder  presenting  the  same.  And  any  holder  of  a 

bond  so  registered  as  payable  to  bearer,  may  cause  it  to  be 

registered  in  his  name  with  the  same  effect  as  the  first  regis- 


tration, and  successive  registrations  nuiy  in  the  same  manner 


THE  jMISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


337 


be  made  from  time  to  time  as  may  be  desired  ; and  also,  that 
the  holder  of  any  of  said  bonds  may,  at  his  option,  surrender 
the  coupons  attached  thereto,  to  be  cancelled,  in  which  case 
interest  thereon  will  thereafter  be  payable  to  him  or  his  order 
only. 

Article  Fifth,  — All  the  Provisions  contained  in  “ Ar-  Art.  9 of  Mortgage 
tide  Ninth,”  of  the  trust  deed  or  mort^ao^e  heretofore  made®^  V 
and  executed  by  the  party  of  the  first  part  to  the  party  of  the  Land, 
second  part  hereto,  and  bearing  date  the  first  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  seventy-one,  except  as 
modified  herein,  shall  be  applicable  to  the  valuation,  sale  and 
conveyance  of  any  of  the  lands  therein  referred  to,  so  far  as 
the  same  may  become  subject  to  the  lien,  terms,  and  provisions 
of  this  trust  deed  or  mortgage. 

Provided,  however,  that  as  to  any  of  such  lands  which  may 
have  heretofore  been  sold,  or  contracted  to  be  sold,  or  which 
may  hereafter  be  sold,  or  contracted  to  be  sold  under  the 
provisions  of  said  Article  Ninth  aforesaid,  the  said  i)arty 
hereto  of  the  second  part  shall,  whenever  the  purchaser, 
vendee,  or  grantee,  of  any  lot,  part,  section,  or  parcel  of  said 
land  so  sold  or  contracted  to  be  sold,  may  or  shall  become 
entitled  to  a deed,  release,  or  conveyance  of  said  lands,  join 
with  the  said  party  of  the  first  part  in  duly  executing  a deed 
or  contract,  sufficient  in  law  to  convey  to  the  purchasers,  his 
heirs  or  assigns,  all  the  right,  title,  interest,  property,  pos- 
session, claim,  demand,  and  estate  of  both  the  parties  to  this 
indenture  in  and  to  the  lot,  ])arcel,  or  section  of  land  so  sold, 
free  from  the  lien,  operation,  and  effect  of  this  trust  deed  or 
mortgage,  and  of  all  the  other  trust  deeds  or  mortgages  here- 
to  fore  made  and  executed  by  and  between  the  i)arties  hereto. 

Article  Sixth.  — Tlie  said  Party  of  the  First  l*art  hereby  ^ , 

''  Interest  paid  from 

further  agrees  that  it  will  pay,  or  cause  to  be  {)aid,  the  said  Net  or  Surplus 
bonds  to  be  issued  and  secured  by  this  mortgage  as  aforesaid, 
and  that  it  will  pay  the  interest  thereon  semi-annually,  in 
lawful  money,  from  its  net  or  surplus  earnings  remaining 
after  the  i)ayment  of  the  expenses  of  operating  and  keeping 
in  rei)air  its  railway  and  jiroperty  herein  described,  and  of  the 
interest  on  the  several  incumbrances  prior  thereto  and  herein- 
before described,  provided  said  net  or  suri)his  earnings  shall 
be  sufficient  therefor,  and  that  in  case  its  said  earnings  in  any 
six  months  shall  be  insufficient  therefor,  then,  for  any  such 
deficit,  said  i)arty  of  the  first  })art  agrees  to  issue  a scrip 


338 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Taxes,  Levies  and 
Assessments. 


Neglect  or  Refusal 
to  comply  with 
Forms  hereof. 


Scrip  Certificates  to  certificate,  redeemable  with  six  per  cent,  interest,  before  any 
take  up  Coupons.  (dividend  shall  be  declared  upon  the  stock  of  said  company. 

Said  Party  of  the  First  Part  further  agrees  to  pay  all 
taxes,  levies,  and  assessments  imposed  and  assessed,  and  which 
may  hereafter  be  imposed  or  assessed,  upon  the  premises, 
franchises,  and  property  hereby  conveyed  or  intended  so  to 
be,  and  also  the  United  States  Government  tax  upon  the 
interest  payable  on  said  bonds  and  each  of  them,  and  that  it 
will,  at  its  own  expense,  do  or  cause  to  be  done,  all  things 
necessary  to  preserve  and  keep  valid  and  intact  the  lien  and 
incumbrance  herebj^  created. 

Article  Seventh.  — In  Case  said  Party  of  the  First  Part 
shall  neglect  or  refuse  to  comply  with  the  terms  of  this  instru- 
ment in  regard  to  the  payment  of  any  interest  upon  either 
of  said  bonds,  when  the  same  shall  become  due  and  payable, 
in  the  manner  herein  provided,  and  such  neglect  or  refusal 
shall  continue  for  one  year  after  the  same  has  been  demanded, 
the  whole  principal  sum  mentioned  in  each  and  all  of  said 
bonds  then  outstanding  shall,  at  the  option  of  the  holders  of  a 
majority  in  interest  of  said  bonds,  forthwith  become  due  and 
payable ; and  in  such  case  it  shall  be  lawful  for  the  said  party 
of  the  second  part,  its  successor  or  successors,  to  enter  upon 
all  and  singular  the  railroads,  property,  and  premises  hereby 
Trustee  to  hold  use intended  to  be  conveyed,  and  to  have,  hold,  use, 
and  operate  Prop- and  Operate  the  same,  until  the  same  shall  have  been  sold,  or 
otherwise  disposed  of,  in  pursuance  of  the  power  hereinafter 
mentioned,  or  by  virtue  of  the  decree  of  some  court  of  com- 
petent jurisdiction,  and  until  such  time,  and  from  time  to  time. 
Repairs  and  Replace- to  make  all  needful  repairs  and  replacements,  and  such  useful 
alterations,  additions,  and  improvements  to  said  railroad  as 
may  be  necessary  for  the  proper  working  of  the  same,  and 
to  receive  the  tolls,  freight,  income,  rents,  issues,  and  profits 
thereof;  and  after  deducting  the  expenses  of  operating  and 
managing  the  said  railroad  and  other  property,  and  of  the  said 
repairs,  replacements,  additions,  and  improvements,  as  well  as 
just  compensation  for  its  own  services,  and  for  the  services  of 
such  managers,  servants,  agents,  attorneys  and  counsel  as  may 
have  been  by  it  employed,  to  apply  the  moneys  accruing  as 
aforesaid  to  the  payment  of  the  said  bonds  raia,  and  with- 
out discrimination  or  preference,  and  thereafter  to  pay  over 
any  surplus  to  the  said  party  of  the  first  i)art,  its  successors  or 
assif>-ns,  or  as  any  court  of  com})etent  jurisdiction  shall  order. 


ments. 


Compensation 
for  Services. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


339 


and  to  restore  the  said  railroads  and  other  property  to  the  said 
party  of  the  first  part. 

Provided  Nevertheless,  that  if  tlie  said  party  of  the  second  -pruatee  may  demise 
part,  its  successor  or  successors  in  this  trust,  shall  think  it  or  let  the  mortaged 
expedient,  after  such  entry  as  aforesaid,  it  shall  be  lawful  for 
it  or  them  to  demise  and  let  the  said  railroad  or  railroads  and 
premises,  to  any  person  or  persons,  corporation  or  corpora- 
tions, willing  to  work  and  operate  the  same  for  such  term  or 
period,  at  such  rent  or  proportion  of  receipts  and  profits,  and 
generally  upon  such  terms  and  conditions  as  the  said  parties 
to  any  such  lease  shall  think  fit;  and  the  revenue  or  income  to 
arise  from  such  demise  shall  be  applied  in  the  same  manner 
as  the  net  revenue  or  income  to  arise  in  the  event  of  the  said 
railroads  being  worked  and  operated  by  the  said  Trustee  or 
Trustees,  is  applicable  under  the  provision  immediately  herein- 
before contained. 


Articlp:  Eioiith.  — In  Case  a Neglect  nr  Refusal,  shall 
occur  and  be  continued  as  aforesaid,  the  party  of  the  second 
part,  its  successor  or  successors  in  this  trust,  may  also,  and, 
upon  the  written  request  of  the  holders  of  said  bonds  then 
outstanding,  amounting  to  two  millions  dollars,  shall  foreclose 
this  mortgage  by  legal  proceedings,  or  sell,  or  cause  to  be  sold, 
the  said  railroads,  franchises,  and  })ro})erty,  real  and  personal, 
hereby  conveyed  or  intended  so  to  be,  and  all  bemdit  and  efpiity 
of  redemj)tion  of  the  i)arty  of  the  first  part  in  and  to  the  same, 
and  every  part  thereof,  with  the  benefit  of  the  franchises 
aforesaid,  which  said  last  mentioned  sale  shall  be  at  })ublic 
auction,  at  the  City  of  New  York,  or  at  either  of  the  capitals 
of  said  States  of  Kansas  and  Missouri,  on  previous  notice  of 
the  time  and  i)lace  of  such  sale,  by  advertisement,  published 
not  less  than  three  times  a week,  for  ten  w(‘eks,  in  at  least  two 
newspapers  of  general  circulation,  ])ublished  in  the  City  of 
New  York,  and  two  in  each  of  the  said  States  of  Kansas  and 
Missouri,  jind  in  such  other  places  as  may  be  recpiired  by  law  ; 
and  in  such  case  said  party  of  the  second  part,  its  successor  or 
successors  in  this  trust,  shall  make  and  deliver  to  the  purchas- 
ers of  the  said  premises  good  and  sufficient  deeds  of  conveyance 
for  the  same  in  fee  sinqile,  and  said  sale  and  conveyanc(‘ 
shall  be  a perpetual  bar,  both  in  law  and  eipiity  against  the 
liarty  of  the  tirst  part,  its  successors  and  assigns,  and  all  other 
persons  claiming  by,  through  or  underthem,  of  all  right,  title, 
interest  or  claim,  in  or  to  said  railroads,  premises  and  projierty. 


Foreclosure  of  this 
Mortgage. 


Notice  of  Sale. 


340 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


and  every  part  and  parcel  thereof.  And  in  case  of  such  sale, 
dias^e^at  Sde^  the  party  of  the  second  part,  its  successor  or  successors,  may 
bid  for  and  purchase  said  property,  real  or  personal,  or  any 
part  thereof  in  behalf  of  the  holders  of  said  bonds. 


Expenses  of  this 
Trust. 


Surplus  paid  to 
Mortgagor. 


Ill  Case  of  such  Sale,  the  said  party  of  the  second  part  shall 
deduct  from  the  proceeds  of  such  sale  its  just  allowances  for 
the  expenses  thereof,  including  attorney’s  and  counsel  fees,  and 
all  expenses  which  may  have  been  incurred  in  operating,  man- 
aging, or  maintaining  the  said  railroads,  or  in  managing  the 
business  thereof,  as  well  as  just  compensation  for  its  own  ser- 
vices, and  thereafter  shall  apply  so  much  of  the  said  proceeds 
as  may  be  necessary  to  the  payment  of  the  principal  and 
interest  of  the  said  bonds  then  remaining  unpaid,  pro  rata^ 
without  discrimination  or  preference,  and  any  surplus  remaining 
after  such  payment,  shall  be  paid  over  to  the  said  party  of  the 
first  part,  or  as  any  court  of  competent  jurisdiction  shall 
order. 


And  it  is  hereby  Declared,  that  the  receipt  or  receipts  of  the 
^'ase  Money^^  party  of  the  secoiid  part,  its  successor  or  successors,  shall  be 
a sufficient  discharge  to  the  purchaser  or  purchasers  of  the 
chaser.  premises  hereby  mortgaged,  or  any  part  thereoi,  and  so  sold  as 

aforesaid,  for  his  or  their  purchase  money ; and  that  such 
purchaser  or  purchasershaving  such  receipt,  shall  not,  after  the 
payment  thereof,  be  bound  to  see  to  the  application  of  said 
moneys,  or  be  in  any  manner  answerable  for  the  loss  or 
misapplication  thereof. 


Attorneys  and  Couii-  ARTICLE  Nintii.  — The  said  Party  of  the  Second  Part,  and 
sel  for  Trustee.  successors  ill  this  trust,  may  employ  at  the  expense  of  said 

party  of  the  first  part,  such  attorneys,  counsel  or  other  agents 
as  may  be  necessaiy  in  the  execution  of  the  trusts  hereby 
created,  and  shall  be  entitled  to  just  compensation  for  all 
services  rendered  in  the  execution  of  this  trust,  and  to  be 
reimbursed  for  all  necessary  expenditures  in  and  about  the 
same. 


. Article  Tenth. — And  it  is  further  Mutually  Agreed  that. 
Resignation,  etc.,  ot 

Trustee.  in  case  of  the  resignation,  removal,  or  inabdity  for  any  other 

reason,  of  the  said  Union  Trust  Company,  to  act  in  execution 
of  the  trust  hereby  created,  then  the  holders  of  a majority  in 
interest  of  said  bonds,  may  select  and  designate  in  writing,  one 
or  more  comiietent  persons,  or  another  corporation,  compe- 
tent to  act  in  place  of  said  Union  Trust  Company,  to  execute 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


341 


said  trust.  And  until  the  bondholders  make  such  selection, 
the  president  of  the  party  of  the  first  part,  with  the  consent  in 
writing  of  the  owners  or  holders  of  said  bonds,  to  the  amount  point  Successor  ad 
of  two  hundred  thousand  dollars,  may  select  and  appoint  one*^^^^^^' 
or  more  persons  or  another  corporation,  competent  to  act,  to 
fill  the  vacancy,  and  the  person,  persons  or  corporation  so 
selected,  shall  have  and  possess,  and  be  vested  with  the  same 
rights  and  powers  as  Trustee  or  Trustees,  as  he,  they,  or  it 
would  have  had  and  possessed,  or  been  invested  with,  had  he, 
they,  or  it  been  originally  made  a party  or  parties  to  this 
indenture;  and  the  said  party  of  the  first  part,  hereby  cove- 
nants to  make,  execute,  and  deliver,  all  such  other  or  further 
instruments,  deeds,  or  indentures,  as  may  be  necessary  to 
enable  the  person  or  persons,  or  corporation  so  appointed,  to 
execute  the  trust  hereby  created ; and  successors  of  any  such 
new  Trustee  or  Trustees,  may  be  appointed  in  like  manner,  as 
often  as  a vacancy  in  said  trust,  for  either  of  the  causes  above 
mentioned,  shall  occur. 

Article  Eleventh.  — The  Party  of  tlie  First  Part  shall.  Covenant  for  further 
from  time  to  time,  at  all  times  hereafter,  and  as  often 
thereunto  requested  by  the  party  of  the  second  part,  its  suc- 
cessor or  successors,  execute,  acknowledge  and  deliver  all  such 
further  deeds,  conveyances,  and  assurances  in  the  law,  for  the 
better  assuring  unto  the  party  of  the  second  part,  its  succes- 
sor or  successors  in  the  trust  hereby  created,  upon  the  trusts 
herein  expressed,  the  lands,  railroads,  ecjuipments,  and  appur- 
tenances hereinbefore  conveyed,  or  intended  so  to  be,  and  all 
other  property  and  things  whatsoever  which  may  be  hereafter 
acquired  for  use  in  connection  with  the  same,  or  any  part 
thereof,  and  all  franchises  now  held,  including  the  franchise 
to  be  a corporation,  as  by  the  party  of  the  second  part,  its 
successor  or  successors,  or  by  its  or  their  counsel  learned  in 
the  law  shall  be  reasonably  advised,  devised,  or  recjuired. 

Provided  alw^ays,  and  this  grant  and  conveyance  is  upon  the 

express  condition;  that,  until  some  default  shall  be  made  in  the  Default  made, 

‘ ^ ^ ^ ^ ^ Possession  belongs  to 

performance  or  observance  of  the  conditions,  obligations,  or  Railway  Company. 

requirements  herein  contained,  the  said  party  of  the  first  part, 

after  it  has  resumed  possession  thereof,  pursuant  to  the  terms 

of  the  hereinbefore  recited  agreement,  shall  be  permitted  to 

possess,  manage,  operate,  and  enjoy  all  the  said  railroads,  with 

their  equipments  and  appurtenances,  and  all  other  the  lands, 

and  premises,  property  and  franchises  hereinbefore  described ; 


342 


THE  MISSOUEI,  KANSAS  AND  TEXAS  KAILWAY. 


Defeasance. 


Release  of  this 
Mortgage. 


and  that  upon  the  payment  in  full  of  said  bonds,  and  the  inter- 
est due  thereon,  then  the  estate,  title,  and  interest  hereby 
granted  shall  cease,  determine,  and  be  void,  and  the  said  party 
of  the  second  part,  its  successor  or  successors  in  this  trust, 
shall  convey,  assign,  transfer,  and  deliver  over  to  said  party  of 
the  first  part,  and  its  successors,  all  the  said  railroads,  their 
equipments  and  appurtenances,  and  all  moneys,  notes,  bills, 
bonds,  mortgages,  choses  in  action,  and  property,  real,  per- 
sonal and  mixed,  and  things  of  value  remaining  in  its  posses- 
sion, and  shall  duly  execute  and  deliver  to  the  said  party  of 
the  first  part  a proper  release  or  satisfaction  of  this  mortgage. 


In  Witness  Whereof,  the  said  party  of  the  first  part 
has  caused  its  corporate  seal  to  be  hereunto 
afiixed,  and  the  same  to  be  attested  by  the  signa- 
tures of  its  President  and  Secretary  ; and  the  said 
party  of  the  second  part  to  evidence  its 
acceptance  of  the  trust  hereby  created,  has  also 
caused  its  corporate  seal  to  be  hereunto  affixed, 
and  the  same  to  be  attested  by  the  signatures  of 
its  President  and  Secretary,  the  day  and  year  first 
above  written. 

Witnesses : 

W.  B.  Henson, 

G.  D.  L’Huilier. 


SEAL, 


E.  Kiggs,  President. 

H.  B.  Henson,  Secretary., 

Union  Trust  Company  of  New  York. 

By  Edw’d.  King,  President. 
Jas.  H.  Ogilvie,  Secretary. 


State  of  New  York, 

City  and  County  of  Neav  York, 


ss. 


Notarial  Certificate  Bagley,  a Commissioner,  resident  in  the  City 

of  Acknowledgment,  of  New  York,  duly  sworn  and  duly  commissioned  and 
qualified  by  the  executive  authority,  and  under  the  laws  of  the 
respective  States  of  Missouri,  Kansas,  and  Texas,  to  administer 
oaths  and  affirmations  and  to  take  depositions,  affidavits  and 
the  acknowledgment  and  proof  of  deeds  and  other  instruments 
to  be  used  or  recorded  in  the  said  respective  States  of  Missouri, 
Kansas,  and  Texas,  do  hereby  certify,  that  on  the  twenty-sixth 
day  of  May,  in  the  year  one  thousand  eight  hundred  and 
seventy-six,  before  me  personally  appeared  Elisha  Higgs,  the 
President  of  the  Missouri  Kansas  and  '^Fexas  Rahavay 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


343 


Company,  and  Henry  B.  Henson,  the  Secretary  of  the  same 
Company,  to  me  respectively  personally  known  to  be  such,  who 
being  by  me  severally  duly  sworn,  did  depose  and  say,  that  he, 
said  Elisha  Riggs,  resided  in  said  City  of  New  York  ; that  he, 
said  Henry  B.  Henson,  resided  in  Brooklyn,  in  said  State  of 
New  York  ; that  he,  said  Elisha  Riggs,  was  the  President,  and 
he,  said  Henry  B.  Henson,  was  the  Secretary  of  the  said 
Company;  that  they  know  the  corporate  seal  of  said  Company, 
that  the  seal  affixed  to  the  foregoing  instrument,  bearing  date 
on  the  first  day  of  April,  1876,  is  such  corporate  seal ; that  it 
was  so  affixed  thereto  by  order  of  the  Board  of  Directors  of 
said  Company,  and  that  they,  the  said  Elisha  Riggs  andHenry 
B.  Henson,  signed  their  names  thereto,  by  the  like  order,  as 
President  and  Secretary  of  the  said  Company,  respectively,  and 
the  said  Elisha  Riggs  and  Henry  B.  Henson,  who  are  personally 
known  to  me  to  be  the  same  persons  whose  names  are  subscribed 
to  said  instrument,  severally  acknowledged  the  same  to  be 
their  own  act  and  deed,  and  the  act  and  deed  of  said  company 
for  the  consideration,  uses  and  purposes  therein  mentioned. 

Ill  Witness  Whereof,  I have  hereunto  set  my  hand 
and  fixed  my  official  seal  as  (Commissioner  forthe 
said  respective  States  of  Missouri,  Kansas,  and 
Texas,  the  day  and  year  aforesaid. 

Haroi.i)  a.  Ba(}ley, 

C ommisfiionev  for  the  States  of  Missouri, 

Kansas,  and  Texas,  in  New  York. 

State  of  New  York, 

City  and  County  of  New  York, 

I,  Harold  A.  Bagley,  a Commissioner  resident  in  the  City  Notarial  Certificate 

-vT  1 1 I 111  • • 1 I I'iL*  1 of  Acknowledgment, 

of  New  1 ork,  duly  sworn  and  duly  commissioned  and  (lualihed 

by  the  executive  authority,  and  under  the  laws  of  the  resjiect- 
ive  States  of  Missouri,  Kansas,  and  Texas,  to  administer 
oaths  and  affirmation,  and  to  take  dejiositions,  affidavits,  and 
the  acknowledgment  and  proof  of  deeds  and  other  instru- 
ments to  be  used  and  recorded  in  the  said  respective  States  of 
Missouri,  Kansas,  and  Texas,  do  hereby  certify  that  on  the 
thirty-first  day  of  May,  in  the  year  one  thousand  eight  hun- 
dred and  seventy-six,  before  me  personally  appeared  Edward 
King,  the  President  of  the  Union  Trust  Company  of  New 
York,  and  James  1 1.  Ogilvie,  the  Secretary  of  the  same  com- 
pany, to  me  respectively  personally  known  to  be  such,  who. 


344  THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


being  by  me  severally  duly  sworn,  did  depose  and  say,  that  he, 
said  Edward  King,  resided  in  the  City  of  New  York;  that  he, 
said  James  H.  Ogilvie,  resided  in  Montclair,  in  the  State  of 
New  Jersey;  that  he,  said  Edward  King,  was  the  President, 
and  he,  said  James  H.  Ogilvie,  was  the  Secretary  of  the  said 
Company  ; that  they  know  the  corporate  seal  of  said  Company  ; 
that  the  seal  affixed  to  the  foreo^oinoj  instrument,  bearing  date 
on  the  first  day  of  April,  187(5,  is  such  corporate  seal;  that  it 
was  so  affixed  thereto  by  order  of  the  Board  of  Trustees  of 
said  Company,  and  that  they,  the  said  Edward  King  and  James 
H.  Ogilvie,  signed  their  names  thereto,  by  the  like  order,  as 
President  and  Secretary  of  the  said  Company,  respectively, 
and  the  said  Edward  King  and  James  H.  Ogilvie,  who  are  per- 
sonally known  to  me  to  be  the  same  persons  Avhose  names  are 
subscribed  to  said  instrument,  severally  acknowledged  the 
same  to  be  their  own  act  and  deed,  and  the  act  and  deed  of 
said  Company  for  the  consideration,  uses,  and  purposes  therein 
mentioned. 

Ill  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal  as  Commissioner  for 
the  said  respective  States  of  Missouri,  Kansas, 
Texas,  the  day  and  year  aforesaid. 

Harold  A.  Bagley, 

Commissioner  for  the  States  of  Missouri^ 

Kansas,  and  Texas,  hi  New  York. 

[The  foregoing  instrument  is  recorded  in  the  office  of  the 
Recorder  of  Deeds  for  Pettis  County,  Missouri,  in  “ Trust 
Deed  and  Mortgage  Record,  No.  12,”  on  page  153  and  follow- 
ing. The  foregoing  is  an  accurate  copy  of  the  instrument  as 
there  recorded.] 


SEAL 


SEAL 

(S) 


APPENDIX. 


BOONVILLE  RAILROAD  BRIDGE  COMPANY. 


FIRST  MORTGAGE, 


MAY  I,  1873. 


THIS  INDEXTUUE,  made  this  first  day  of  May,  one  thou- 
sand eight  hundred  and  seventy-three,  by  and  between  the 
Boonville  Railroad  Bridge  Company,  a coriioration  created 
and  organized  under  and  by  virtue  of  the  laws  of  tlie  State 
of  Missouri,  party  of  the  first  part,  and  the  Union  Trust 
Company,  of  New  York,  party  of  the  second  part. 

Whereas,  the  party  of  the  first  part  was  duly  created  a boonville  Railroad 

body  politic  and  corporate,  under  and  by  virtue  of  the  laws  of  Compmiy 
o P AT-  • . 1 • .1  Incorporated  Dec. 

the  State  of  Missouri,  on  or  about  the  nineteenth  day  ot  19,  1870. 

December,  one  thousand  eight  hundred  and  seventy,  for  the 
purpose  of  constructing,  maintaining  and  operating  a toll 
bridge  over  and  across  the  Missouri  River,  from  a point  in  or 
near  the  City  of  Ikionville,  in  the  County  of  Coojier,  in  the 
State  of  Missouri,  to  a point  in  or  near  the  town  of  Franklin 
in  the  County  of  Howard,  in  said  State,  for  jniblic  use  for  the 
crossing  of  persons  and  property  by  both  railroad  and  ordi- 
nary road  travel. 


And  Whereas,  by  an  act  of  (Jongress  of  the  United  States, 
a}i]M-oved  May  11,  1872,  the  party  of  the  first  iiart  is  author- 
ized  to  construct  and  maintain  the  bridge  aforesaid,  and  to  lay 
on  and  over  the  same  railway  tracks  for  the  more  jierfect  con- 
nection of  any  railroads  that  are  or  shall  he  constructed  to 
said  River,  at  or  opposite  said  points,  under  certain  limitations 
and  conditions  as  liy  reference  to  said  act  of  Congress  will  fully 
appear. 


And  Whereas,  the  party  of  the  first  i);irt,  for  the  })uri)Ose 

of  riurchasiim  and  acciuirin"  the  lands  and  materials  neci^ssary  I^onds  for  $1,000,000 
. V,  ® . A.,.  to  bo  issued, 

tor  the  construction  ot  tlic  said  bridge,  and  its  approaches  and 

connecting  lines,  and  for  constructing  the  same,  has  deter- 
mined to  obtain  a loan  of  money  by  the  issue  of  its  bonds  in 

( ) 


348 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Form  of  Bond. 


Guaranteed  by  M. 
K.  & T.  Ky.  Co. 


Seven  per  Cent.  — 
Gold  — Principal 
and  Interest. 


Default  continued 
for  Six  Months. 


the  sum  of  one  thousand  dollars,  each  with  the  privilege  of 
issuing  the  same  in  sums  of  five  hundred  dollars,  one  hundred 
dollars,  and  fifty  dollars  each,  amounting  to  the  aggregate  prin- 
cipal sum  of  one  million  dollars  and  numbered  from  one  to  one 
thousand  inclusive,  and  that  each  of  the  said  bonds  shall  be  in 
the  words  and  figures  following,  subject  only  to  the  necessary 
variation  as  to  the  distinguishing  numbers  and  amounts 
thereof. 


$1,000. 

United  States  of  America, 

STATE  OF  MISSOURI. 

THE  BOONVILLE  RAILROAD  BRIDGE  COMPANY. 

Equivalent  to  £206,  8s.  4d ; Fr.  5,162.50. 

First  Mortgage  Seven  per  Cent.  Sinking  Fund  Gold  Bond, 

Guaranteed  by  the  Missouri,  Kansas  and  Texas  Railway 

Company. 

Know  all  Men  by  these  Presents,  that  the  Boonville  Rail- 
road Bridge  Company,  a corporation  created  under  the  laws  of 
the  State  of  Missouri,  and  vested  also  with  certain  franchises 
conferred  by  an  act  of  Congress,  approved  May  11th,  1872, 
entitled  “An  act  to  authorize  the  construction  of  a bridofe 
across  the  Missouri  River  at  Boonville,  Missouri,”  is  indebted 
to  the  Union  Trust  Company,  of  New  York,  or  bearer,  in  the 
sum  of  one  thousand  dollars  in  gold  coin  of  the  United  States, 
equivalent  to  two  hundred  and  six  pounds,  eight  shillings, 
four  pence  in  British  sterling  money,  or  fifty-one  hundred 
and  sixty-two,  francs  in  the  money  of  France,  which  the 
said  Company  promises  to  pay  to  the  bearer  hereof,  in  the 
City  of  New  York,  on  the  first  day  of  May,  in  the  year  one 
thousand  nine  hundred  and  six,  with  interest  thereon  at  the 
rate  of  seven  per  cent,  per  annum,  payable  in  like  gold  coin 
semi-annually,  at  its  office  or  agency  in  the  City  of  New  York, 
on  the  first  days  of  May  and  November  in  each  year,  upon  the 
presentation  and  surrender  of  the  coupons  hereto  attached, 
as  they  severally  become  due,  as  provided  therein. 

And  in  case  of  default  in  the  payment  of  any  half  yearly 
installment  of  interest  which  shall  have  become  due  and  been 
demanded,  and  such  default  shall  have  continued  six  months 
after  demand,  or  in  case  of  default  in  the  payment  of  any  sum 
into  the  sinking  fund,  as  hereinafter  i)rovided,  the  }irincij)al 
of  this  bond  shall  become  due  in  the  manner  and  with  the 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


349 


effect  provided  for  in  the  trust  deed  or  mortgage  hereinafter 
mentioned. 

This  bond  is  one  of  a series  of  one  thousand  bonds  num- 
bered consecutively  from  1 to  one  1,000  both  inclusive, 
each  for  the  amount  of  one  thousand  dollars,  amount- 
ing in  the  aggregate  to  one  million  dollars,  all  of  which  are 
of  like  tenor,  date,  and  effect,  and  are  equally  secured  by  trust 
deed  or  mortgage,  bearing  even  date  herewith,  duly  executed 
and  delivered  by  the  said  Company,  and  duly  recorded  in  the 
proper  offices  in  the  State  of  Missouri,  conveying  to  said 
Union  Trust  Company,  of  New  York,  in  trust,  the  bridge  of 
the  said  the  Boonvtlle  Railroad  Bridge  Company,  as  the 
same  is  now,  or  may  hereafter  be  constructed  across  the 
Missouri  River,  from  a point  in  or  near  the  City  of  Boonville, 
in  the  County  of  Cooper,  in  the  State  of  ^Missouri,  to  a point 
in  or  near  the  town  of  Franklin,  in  the  County  of  Howard,  in 
said  State,  together  with  the  approaches  thereto  on  either  side 
of  said  River,  and  all  lands  and  real  estate  which  said  Company 
is  or  may  become  entitled  to  by  reason  of  the  construction  of 
said  bridge,  with  the  ap})urtenances  thereto  belonging. 

Also,  the  rents,  issues,  and  i)rotits  of  said  bridge,  so  far  as 
the  same  are  not  recpiired  to  i)ay  the  necessary  current 
ex})enses  of  kee})ing  the  said  bridge  in  repair,  and  operating 
the  same. 

And  also,  all  and  singular  the  rights,  })rivileges,  corporate 
property,  and  franchises  of  said  Bridge  Company,  set  forth  in 
said  trust  deed  or  morttraire. 

rr  c 

This  bond  is  entitled  to  the  benetit  of  a sinking  fund,  as 
provided  by  said  trust  deed  or  mortgage,  whereby  the  princi- 
pal of  said  bond  will  be  redeemed  in  thirty-three  years  from 
the -date  thereof.  Bonds  ecpial  in  amount  to  the  accumulation 
of  said  sinking  fund  will  be  ledeenied  Jit  their  par  value 
annujilly,  commencing  after  three  years  from  the  date  hereof. 
Notice  of  the  numbers  of  the  bonds  so  allotted  for  redem})ti()n 
will  be  published  in  two  or  more  daily  newspa})ers,  {)ublished 
in  the  City  of  New  York,  for  sixty  days,  at  the  ex[)iration  of 
which  time  interest  thereon  shall  cease. 

This  bond  is  further  secured  by  the  guarantee  of  the 
Missouri,  Kansas  and  'J'exas  Railway  Company  indorsed 
hereon  (to  which  Coni])any  the  said  bridge  has  been  leased), 
of  the  payment  of  the  })rinci})al  and  interest  thereof,  and  of 
the  sums  payable  into  the  sinking  fund,  and  by  tin;  agreement 
of  said  Company  to  hold  all  the  rents,  tolls,  receipts,  jirotits 


Series  of  1000  Bonds. 


Secured  bj’Mortgage 
upon 


Bridge. 


Lands. 

Appurtenances. 


Kents,  Issues  and 
Profits. 


Franchises,  etc. 


Sinking  Fund. 


Redemption  of 
Bunds. 


Guarantee  of  M.  K. 
A:  T.  Ky.  Co.,  Lessee. 


350 


THE  xMISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


and  emoluments  of  said  bridge,  not  expended  in  the  repair 
and  operation  thereof, *and  to  apply  the  same  to  the  payment 
of  such  interest  coupons  and  of  the  sums  payable  into  said 
sinking  fund. 


Re-issue  in  Subdivi- 
sion. 

Registration  and 
Transfer. 


Certification. 


This  bond  may  be  surrendered  and  reissued  in  sums  of 
$500,  $100,  or  $50  each,  at  the  option  of  the  holder. 

This  bond  shall  pass  by  delivery  or  by  transfer,  on  the  books 
of  the  Company,  in  the  City  of  New  A^ork,  and  such  other 
places  in  this  country  and  in  Europe  as  said  Company  may 
designate.  After  a registration  of  ownership,  certified  hereon 
by  the  Secretary  of  the  Company  or  its  transfer  agent,  no 
transfer,  except  on  the  books  of  the  Company,  shall  be  valid, 
unless  the  last  transfer  shall  have  been  to  bearer,  the  bond  to 
be  entitled  to  successive  registrations  and  transfers  to  bearer, 
at  the  option  of  each  holder. 

This  bond  is  to  be  valid  only  when  authenticated  by  a cer- 
tificate of  the  Trustee  indorsed  hereon. 


In  Witness  Whereof,  the  said  the  Boonville  Rail- 
road Bridge  Company  has  caused  its  corporate 
seal  to  be  hereto  affixed,  and  these  presents  to 
be  attested  by  its  President  and  Secretary,  this 
first  day  of  May,  one  thousand  and  eight  hun- 
dred and  seventy-three. 

, President. 

, Secretary. 


Mortgage  to  secure  And  Whereas,  it  has  been  agreed,  upon  the  issue  of  the 
said  bonds,  that  the  payment  of  the  principal  and  interest 
thereof  shall  be  secured  in  the  manner  hereinafter  expressed, 
and  that  this  mortgage  should,  for  that  purpose,  be  made  to 
the  party  hereto  of  the  second  part,  for  the  benefit  of,  and  in 
trust  for,  the  various  persons  or  corporations  who  shall,  at 
any  time  be  or  become  holders  of  the  said  bonds  ; and  also, 
so  far  as  necessary,  for  the  benefit  of,  and  in  trust  for,  any 
persons  or  corporations  who  shall  become  purchasers  of  the 
said  bridge  under  the  powers  hereinafter  contained. 


This  Indenture 
conveys. 


Now,  therefore,  this  Indenture  Witnesseth,  that  the  said 
party  hereto  of  the  first  part,  in  consideration  of  the  premises 
and  of  one  dollar  lawful  money  of  the  United  States  to  it 
duly  paid  by  the  party  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
sold,  assigned,  transferred,  set  over,  conveyed,  and  confirmed. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


351 


and,  by  these  presents,  doth  grant,  bargain,  sell,  assign, 

transfer,  set  over,  convey,  and  confirm  unto  the  said  party 

of  the  second  part,  its  lawful  successor  or  successors,  in  the 

trust  hereby  created,  or  assigns,  all  and  singular,  the  said 

bridge  over  the  Missouri  River,  from  a point  in  or  near  the  Bridge  from  Boon- 
-r.  .11  • .1  • I j . ville  to  Franklin  over 

of  Roonville,  in  the  County  of  Cooper,  in  the  State  of  Missouri  River. 

Missouri,  to  a point  in  or  near  the  town  of  Franklin,  in  the 
County  of  Howard,  in  said  State,  which  the  said  party  of  the 
first  part  is  authorized  to  construct  and  maintain,  as  herein- 
before recited,  and  the  approaches  thereto,  and  the  appurte- 
nances  belonging  thereto,  including  all  parts  and  portions  of 
the  said  bridge  now  constructed  or  hereafter  to  be  constructed, 
and  the  lines  and  tracks  required  to  perfect  the  said  bridge, 
its  approaches  and  appurtenances,  including  in  this  convey- 
ance, as  well  the  lines  and  tracks  now  constructed  [as  those 
which  may  hereafter  be  constructed] . 

And  also,  all  lands,  estates,  structures,  and  rights  of  way  Bands, 
for  the  said  bridge,  approaches,  and  appurtenances,  as  well 
those  now  held  by  the  party  of  the  first  part  as  those  to  be 
hereafter  acquired  by  it. 

And  all  tolls,  rents,  emoluments,  and  income,  and  all  the 
corporate  rights,  powers,  franchises,  and  privileges  of  the  party  Franchises, 
of  the  first  part,  of,  in,  or  to  the  said  bridge,  apiiroaches,  or 
appurtenances,  or  touching,  concerning,  or  ap})ertaining  to 
the  construction,  maintenance,  operation,  use,  or  occupation 
thereof. 


To  Have  and  to  Hold,  all  the  said  premises  unto  the  said  To  Have  and  to 
party  of  the  second  j)art,  its  successor  or  successors  and^^®^*^' 
assigns,  in  trust,  and  for  the  uses  and  purj)oses  hereinafter 
expressed  and  declared,  of  and  concerning  the  same;  that  iy  Trusts  Declared, 
to  say : — 


Article  Fuist.  — No  One  of  the  said  Honds  shall  be  Trustee’s  Certificate, 
deemed  issued  or  be  valid  or  secured  by  this  mortgage,  unless 
it  bears  a certificate  signed  l)y  the  party  of  the  second  part, 
its  successor  or  successors  in  this  trust,  to  the  effect  following, 
viz.:  “The  within  bond  is  one  of  one  thousand  bonds,  num- 
bered from  1 to  1, ()()()  inclusive,  issued  by  the  Boonville 
Railroad  Briixje  Comrany,  and  is  secured  by  the  within 
mentioned  mortgage,  executed  by  said  Conq)any  to  the  under- 
signed Trustee.” 


Article  Second.  — For  tlie  Purpose  of  Providinj?  a Sink- 
ing Fund  for  the  redemption  of  the  bonds  secured  hereby,  it 


Sinking  Fund. 


352  THE  MISSOUKI,  KANSAS  AND  TEXAS  RAILWAY. 


is  understood  and  agreed  by  and  between  the  parties  hereto, 
that  the  party  of  the  first  part  shall  pay  or  cause  to  be  paid 
to  the  party  of  the  second  part,  its  successor  or  successors  in 
this  trust,  on  the  first  day  of  May,  one  thousand  eight  hun- 
dred and  seventy-six,  a sum  equal  to  one  per  cent,  in  gold 
coin  aforesaid,  of  the  aggregate  principal  of  the  bonds  afore- 
said, and  shall  also  pay  to  the  party  of  the  second  part,  its 
successor  or  successors  as  aforesaid,  on  or  before  the  first  day 
of  May  in  every  year  thereafter,  in  addition  thereto,  a like 
sum  and  interest  in  gold  coin,  upon  all  payments  theretofore 
made  into  said  sinking  fund,  at  the  rate  of  seven  per  cent, 
per  annum. 

Article  Third. — Immediately  after  the  Payment  into 
the  Sinking-  Fund  of  any  sum  of  money  hereby  required  to 
be  paid,  the  party  of  the  second  part,  its  successor  or  succes- 
sors in  this  trust,  shall  designate  by  lot  a number  of  bonds 
sufficient  to  equal,  as  near  as  may  be,  the  accumulations  of 
said  fund,  for  redemption  at  the  par  value  thereof,  which 
allotment  shall  be  made  in  the  office  of  the  party  of  the  first 
part,  in  the  City  of  New  York,  in  the  presence  of  the  Secre- 
tary or  Treasurer  of  the  party  of  the  first  part,  and  thereupon 
a notice  shall  be  published  in  two  or  more  newspapers  in  the 
City  of  New  York,  for  sixty  days,  stating  the  number  of  the 
bonds  so  allotted  for  redemption,  and,  at  the  expiration  of 
such  time,  interest  on  said  bonds  shall  cease. 

Reissue  in  Subdivi-  ARTICLE  FOURTH.  — The  said  Party  of  the  First  Part  shall 
have  the  right,  at  its  option,  to  issue,  or  exchange  and  re-issue 
either  or  any  of  the  bonds  hereby  secured,  in  subdivisions  of 
fifty,  one  hundred  or  five  hundred  dollars  each,  in  such  form 
as  shall  be  a})proved  by  said  party  of  the  second  part,  such 
subdivision  bonds  to  be  authenticated  by  certificates  indorsed 
thereon,  duly  signed  by  the  said  party  of  the  second  part,  and 
each  of  them  to  bear  the  number  of  the  bond  to  which  it  shall 
belong,  and  in  addition  thereto  a letter  of  the  alphabet,  com- 
mencing with  the  letter  A,  for  the  first  subdivision  of  every 
bond  so  subdivided,  and,  so  on  in  consecutive  order  of  the 
letters  of  the  alphal)et,  for  the  remaining  subdivisions  of  every 
such  bond.  And  any  holder  of  a bond  for  one  thousand  dol- 
lars, issued  under  and  by  virtlieof  this  trust  deed  or  mortgage, 
may,  at  his  o})tion,  surrender  the  same  for  re-issue,  and  the 
same  may  be  re-issued  in  subdivisions  of  $500,  $100,  of  $50 
each,  authenticated  as  al)ove  provided. 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


353 


Article  Fifth.  — The  Party  of  the  First  Part  doth  hereby  Register  of  Bonds, 
further  covenant  and  agree  to  and  with  the  party  of  the  second 
part,  and  its  successor  or  successors  in  this  trust,  that  the  party 
of  the  first  part  shall  at  all  times  hereafter  keep  at  his  office, 
in  the  City  of  New  York,  or  in  Europe,  as  it  may  hereafter 
appoint,  a book  or  books,  which  shall  be  respectively  desig- 
nated as  “ The  Register  of  Bonds  issued  by  the  Boonville 
Railroad  Bridge  Company;”  and  that  any  holder  of  any  of 
the  bonds  issued  under  the  provisions  of  this  indenture  may 
there  register  his  bonds  upon  presenting  the  same ; and  that 
when  a bond  is  so  registered  in  the  name  of  any  person,  such 
person  shall  be  deemed  and  regarded  as  the  owner  of  such 
bond;  and  that  all  payments  of  either  principal  or  interest 
thereon,  shall  thereafter  be  made  to  him  or  to  his  order  only; 
and  that  such  payments  to  him,  or  his  order,  shall  be  valid 
payments  of  such  principal  or  interest,  and  a discharge  to  the 
party  of  the  first  part  to  the  extent  of  the  sums  so  paid.  And 
also  that  such  registry  may  be  changed,  upon  presentation  of  Change  of  Registry, 
the  bond,  with  the  written  order  of  the  person  in  whose  name 
it  is  so  registered,  pro[)erly  authenticated,  to  the  name  of  such 
person  as  may  by  the  said  written  order  be  designated  for  the 
purpose,  and  he  shall  thereafter  be  deemed  and  regarded  as 
the  owner  of  the  bond  and  its  interest  coupons,  under  the 
same  circumstances  and  conditions,  Jind  with  the  same  rights 
as  the  prior  owner,  including  the  right  to  change  the  registra- 
tion in  manner  aforesaid,  and  so,  from  time  to  time,  as 
the  owner  for  the  time  being  may  desire ; and  that  the 
registered  holder  may  also  have  the  right  to  register  the  bond 
as  payable  to  bearer;  in  which  case  the  bonds  and  interest 
coupons  shall  be  payable  to  bearer.  [And  any  holder  of  a bond 
so  registered  as  i)ayable  to  bearer]  may  again  cause  it  to  be 
registered  in  his  name,  with  the  same  effect  as  the  first  regis- 
tration,  and  successive  registrations  may  in  the  same  manner  be 
made,  from  time  to  time  as  may  be  desired  ; and  also,  that  the 
holder  of  any  of  said  bonds  may,  at  this  option,  surrender  the 
coupons  attached  thereto  to  be  cancelled,  in  which  case  inter- 
est thereon  will  thereafter  be  payable  to  him,  or  his  order, 
only. 

Article  Sixth. — All  3Ioneys,  the  Proceeds  of  the  Sale  Proceeds  of  Sales  of 
of  the  Bonds,  issued  by  the  party  of  the  first  part  as  afore- 
said,  shall  be  received  by  the  party  of  the  second  part,  its 


354 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Insurance  of  Bridge. 


Proceeds  of  Insur- 
ance. 


Guaranty  of  Interest 
by  M.  K.  & T.  Pvy. 
Co. 


Lease  of  Bridge  to 
M.  K.  & T.  Ky.  Co. 


successor  or  sucessors  in  this  trust,  and  shall  be  expended  in 
the  construction  of  the  said  bridge,  its  approaches,  tracks, 
lines,  structures,  and  appurtenances,  under  the  direction  of  the 
chief  engineer,  employed  by  the  party  of  the  hrst  part,  and 
shall  be  paid  over  upon  the  certificate  of  said  engineer  and 
the  President  of  the  party  of  the  first  part. 

Article  Seyexth.  — The  said  Party  of  the  First  Part 
shall  Insure  the  said  bridge,  structures,  and  appurtenances, 
or  cause  the  same  to  be  insured,  from  time  to  time,  by  and 
with  the  advice  of  the  party  of  the  second  part,  its  successor 
or  successors,  in  such  sum  and  upon  such  terms  as  shall  be 
agreed  upon ; and  will  deposit  the  policy  or  policies  of  insur- 
ance with  the  party  of  the  second  part,  and  produce  the  receipts 
for  the  payment  of  the  premiums.  And  in  default  of  such 
insurance  being  so  effected,  the  said  party  of  the  second 
part,  its  successor  or  successors,  shall  effect  such  insurance, 
and  the  said  party  of  the  first  part,  shall  re-imburse,  or 
cause  the  said  party  of  the  second  part,  its  successor  or 
successors,  to  be  re-imbursed  for  the  premium  or  premiums 
paid  therefor;  or  the  said  party  of  the  second  part  may 
retain  said  sum  out  of  any  moneys  which  may  come  into 
their  hands. 

Article  Eighth.  — Any  Sum  or  Sums  of  Money  paid  to, 
or  received  by,  either  of  the  parties  to  these  presents,  for  any 
loss,  damage  or  injury  to  said  bridge,  its  structures,  or  appur- 
tenances, shall  be  held  in  trust  for,  and  applied  to  the  repair 
or  reconstruction  of  said  bridge,  structures,  or  appurtenances, 
without  delay. 

Article  Ninth.  — Whereas,  the  Missouri,  Kansas  and 
Texas  Railway  Company  has  guaranteed  the  payment  of  the 
interest  coupons  upon  the  bonds  aforesaid,  and  the  payment  of 
the  several  sums  to  be  paid  into  the  sinking  fund  as  aforesaid, 
and  has  covenanted  to  pay  the  said  interest  coupons  and  the 
said  several  sums  into  said  sinking  fund  as  they  severally  become 
due,  and  the  principal  of  said  bonds  at  maturity  ; and  whereas, 
the  party  hereto  of  the  first  part  has,  by  an  indenture,  bearing 
even  date  herewith,  leased  the  said  bridge  to  the  said  the 
Missouri,  Kansas  and  Texas  Railway  Company  at  an  annual 
rent,  equal  to  the  annual  interest  upon  said  bonds,  and  the 
annual  payments,  so  to  be  made  into  the  said  sinking  fund; 
Now,  in  case  the  said  Missouri,  Kansas  and  Texas  Railway 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


355 


Company,  should  at  any  time  fail  to  pay  the  said  interest 
coupons,  as  they  severally  become  due,  or  should  fail  to  pay 
any  sum  herein  provided  to  be  paid  annually  into  said  sinking 
fund,  and  in  case,  upon  the  default  of  the  said  Missouri,  Default. 

Kansas  and  Texas  Railway  Company  to  make  such  payments, 

the  party  hereto  of  the  first  part  should,  at  any  time  fail  to 

pay  the  said  interest  coupons  as  they  severally  become  due, 

and  to  pay  the  said  several  annual  sums  into  said  sinking  fund, 

the  said  party  of  the  second  part,  its  successor  or  successors, 

shall,  so  long  as  any  of  the  said  bonds  shall  be  outstanding 

or  unpaid,  have  the  right  to  enter  upon  the  premises  hereby  Trustee  may  enter 

conveyed,  and  fix  the  tolls  to  be  levied  upon  all  property 

passengers  to  be  transported  over,  or  which  shall  use  or  have  the 

benefit  of  the  said  bridge,  its  structures  or  appurtenances,  and 

to  receive  the  same,  and  for  that  purpose  to  appoint  suitable 

agencies  for  the  collection  thereof,  and  the  rates  so  fixed,  may 

be  changed,  from  time  to  time,  so  as  to  produce  a sufficient 

revenue  to  maintain  the  said  bridge,  its  structures,  and 

appurtenances  in  good  order  and  re})air,  and  to  pay  the 

said  interest  coupons  and  said  annual  sums  into  said  sinking 

fund. 

Provided  Nevertheless,  that  if  the  said  i)arty  of  the  second 
part,  it  ssuccessor  or  successors,  shall  deem  best,  after  such 
entry  as  aforesaid,  it  shall  be  lawful  for  it  or  them  to  demise  trustee  may  demise 
or  let  the  said  bridge,  its  structures,  and  apjnirtenaiices  at  such 
rent,  and  generally  iq)on  such  terms  and  })rovisions  as  shall  seem 
best,  and  the  net  rents,  revenue,  or  income  to  be  derived  from 
such  demise,  shall  be  aiiplied  iiu  the  same  manner  as  is  pro- 
vided in  Article  Seventh,  for  the  tolls  and  income  therein 
mentioned. 

Article  Tenth.  — If  any  such  l>efaiilt  shall  he  com- 
mitted by  the  said  Missouri,  Kansas  and  Texas  Railway 
Company,  or  by  the  said  party  of  the  first  part,  as  in  the  pre- 
ceding article  mentioned,  the  party  of  the  second  part,  its  suc- 
cessor or  successors,  are  hereby  authorized  and  reipiired,  ujion 
the  request  of  the  holders  of  one-tenth  of  such  jiart  of  the  said 
bonds  as  shall  then  be  unpaid, with  or  without  entry,  as  they 
may  deem  best,  to  cause  the  said  bridge  and  all  other,  the 
property,  real  and  personal,  matters  and  things  hereinbefore 
expressed  to  be  conveyed,  to  be  sold  by  pulilic  auction,  in  the 
City  of  New  York,  giving  twelve  week’s  notice  of  the  time, 


356 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


place,  and  terms  of  sale,  twice  in  each  week,  in  at  least  two 
newspapers,  published  in  the  City  of  New  York  and  "the  City 
of  St.  Louis,  in  the  State  of  Missouri,  and  upon  such  sale  to 
execute  to  the  purchaser  or  purchasers,  deeds,  releases,  trans- 
fers, and  conveyances  of  the  property,  estates,  rights,  and 
securities  thus  sold,  which  shall  be  a perpetual  bar,  both  in  law 
and  equity,  against  the  party  of  the  first  part,  its  successors 
and  assigns,  and  all  persons  claiming  by,  through,  or  under 
them,  of  all  right,  title,  interest,  or  claim  in  or  to  said  bridge, 
premises,  and  property,  and  every  part  and  parcel  thereof. 
Proceeds  of  Sale,  And  to  apply  the  proceeds  of  such  sale,  together  with  all 
how  applied.  moneys  in  their  hands,  which  shall  be  received  under  and  by 

virtue  of  these  presents,  after  deducting  all  outlays,  disburse- 
ments, commissions,  and  expenses  incurred  in  the  execution  of 
the  trusts  or  powers  hereby  created,  rateably  in  payment  of 
the  principal  and  interest  of  the  said  bonds  then  unpaid, 
whether  the  same  shall  have  become  due  or  not,  and  shall  pay 
over  the  surplus,  if  any,  to  the  party  of  the  first  part.  And 
in  case  of  such  sale,  the  party  of  the  second  part,  its  succes- 
Trustee  may  bid  at  successors,  may  bid  for  and  purchase  the  said  bridge, 

property,  real,  and  personal,  or  any  part  thereof,  in  behalf  of 
the  holders  of  said  bonds. 

, Article  Eleventh. — No  Purchaser  on  any  such  Sale 
Receipt  of  Trustee 

to  protect  Purchaser,  shall  be  bound  to  inquire  whether  any  such  notices  as  are  men- 
tioned in  the  preceding  article  have  been  given,  or  be  affected 
by  any  notice  that  may  have  not  been  given,  but  the  receipt,  or 
receipts  and  conveyance  by  the  party  of  the  second  part,  its 
successor  or  successors,  shall,  notwithstanding  the  want  of  such 
notice,  be  an  effectual  discharge  to  the  purchaser  or  pur- 
chasers, who  shall  not  be  bound  to  see  to  the  application  of 
the  purchase-money. 

Trustee’s  Agents  and  ARTICLE  TWELFTH.  — The  said  Party  of  the  Second  Part, 
Attorneys.  its  successor  or  successors,  may  employ  such  attorneys,  coun- 

sel, or  other  agents  as  may  be  necessary  in  the  execution  of 
the  trusts  hereby  created,  and  shall  be  entitled  to  just  compen- 
sation for  all  services  rendered  in  the  execution  of  this  trust, 
and  to  be  reimbursed  for  all  necessary  expenditures  in  and 
about  the  same. 

Resignation,  etc.,  of  ARTICLE  THIRTEEN. — 111  Case  of  tlic  Kesigiiatioii , removal. 
Trustee.  insolvency,  incapacity,  or  inability,  for  any  reason,  of  the  said 

party  of  the  second  part,  to  act  in  execution  of  the  trust  hereby 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


357 


created,  then  the  holders  of  one-tenth  of  such  part  of  said 
bonds  as  shall  then  be  unpaid  may  select  and  designate,  in 
writing,  one  or  more  competent  persons,  or  another  corpora- 
tion, competent  to  act,  as  trustees  or  trustee,  to  execute  said 
trust,  and  the  person,  persons,  or  corporation  so  selected  and 
designated  shall  be  clothed  with  all  the  rights  and  powers 
hereby  conferred  upon  the  party  of  the  second  part,  and  all 
necessary  conveyances  and  assurances  shall  be  made  to  vest  in 
the  new  trustee  or  trustees,  all  the  property  hereby  mortgaged 
and  conveyed  in  trust. 

Article  Fourteenth.  — The  Party  of  the  First  Part  shall,  Covenant  for  further 

S S U I*  ft  11 C 0 

from  time  to  time,  and  at  all  times  hereafter,  and  as  often  as 
thereunto  requested  by  the  paidy  of  the  second  part,  its  suc- 
cessor or  successors,  execute,  acknowledge,  and  deliver  all 
such  further  deeds,  conveyances  and  assurances  in  the  law  for 
the  better  assuring  unto  the  party  of  the  second  part,  its  suc- 
cessor or  successors  in  the  trust  hereby  created,  upon  the 
trusts  herein  expressed,  the  bridge,  approaches,  structures, 
real  and  personal  property  and  appurtenances  hereinbefore 
conveyed  or  intended  so  to  be,  and  all  other  property  and  things 
whatsoever,  which  may  be  hereafter  ac(|uired  for  use  in  con- 
nection with  the  same  or  any  i)art  thereof,  and  all  franchises 
now  held,  including  the  franchise  to  be  a corporation,  as  by 
the  party  of  the  second  })art,  its  successor  or  successors,  or  hy 
their  counsel  learned  in  the  law,  shall  be  reasonably  advised, 
devised,  or  required. 

Provided,  however,  and  this  mortgage  and  conveyance  is 

upon  the  express  condition  that  until  some  (hd’ault  shall  he  to  remain 

, . . with  Unto  Corn- 

made  in  the  performance  or  the  observance  ot  the  conditions,  pany,  its  Lessee,  etc., 

obligations,  or  reepnrements  herein  contained,  the  said  party 
of  the  first  part,  its  lessee  or  lessees,  shall  be  permitted  to 
possess,  manage,  use,  operate,  and  enjoy  the  said  bridge, 
structures,  and  j)roperty,  real  and  })ersonal,  hereby  conveyed; 
and  that  upon  the  })ayment  in  full  of  said  bonds,  and  the 
interest  due  thereon  at  the  times  and  in  the  manner  aforesaid, 
the  transfer,  conveyance,  and  assignment  hereby  made  of  the 
said  bridge,  with  all  its  appurtenances,  and  all  other  the  prem- 
ises hereinbefore  expressed  to  be  conveyed,  shall  be  void,  Defeasance, 
all  the  estate,  real  and  personal,  rights  and  jiroperty  hereby 
conveyed  to  the  party  of  the  second  part,  its  successor  or  suc- 
cessors, shall  revert  to  and  revest  in  the  party  of  the  first  part. 


358 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


Notarial  Certificate 
of  Acknowledgment. 


without  any  acknowledgment  of  satisfaction,  or  reconveyance, 
re-entry,  or  any  act  whatsoever. 


J.  H. 


C.  T. 


In  Witness  Whereof,  the  party  of  the  first  part  has 
caused  its  corporate  seal  to  be  hereto  affixed, 
and  the  same  to  be  attested  by  the  signatures  of 
its  President  and  Secretary ; and  the  said  party 
of  the  second  part,  to  signify  its  acceptance  of 
the  trust  hereby  created,  has  also  caused  its  cor- 
porate seal  to  be  hereto  aflSxed,  and  the  same  to 
be  attested  by  the  signatures  of  its  President 
and  Secretary,  the  day  and  year  first  above 
written. 

Francis  S.  Kiddy  [Skiddy],  President. 

Fairbanks,  iSeeretary. 

The  Union  Trust  Company  of  New  York, 

G.  G.  Williams,  President^  pro  tern. 

Carlton,  Secretary. 


State,  City  and  County 
OF  New  York, 

Be  it  remembered  that  on  this  17th  day  of  May,  A.  D., 
1873,  before  me,  Charles  Nettleton,  a Commissioner  of  the 
State  of  Missouri  for  the  State  of  New  York,  residing  in  said 
City  of  New  York,  personally  appeared  Francis  S.  Kiddy 
[Skiddy],  the  President  of  the  Boonville  Railroad  Bridge 
Company,  to  me  personally  known  to  be  such,  who  being  by 
me  duly  sworn,  did  depose  and  say  that  he  resided  in  said 
City  of  New  York,  that  he  was  the  President  of  the  said  Com- 
pany ; that  he  knows  the  corporate  seal  of  said  Company  ; that 
the  seal  affixed  to  the  foregoing  instrument  is  such  corporate 
seal;  that  it  was  so  affixed  thereto  by  order  of  the  Board  of 
Directors  of  said  Company,  and  that  he  signed  his  name 
thereto  by  the  like  order  as  the  President  of  said  Company; 
and  at  the  same  time  and  place  before  me,  also  i)ersonally 
appeared  J.  II.  Fairbanks,  the  Secretary  of  the  same  Com- 
pany, to  me  personally  known  to  be  such,  and  being  by  me 
duly  sworn,  did  depose  and  say  that  he  resided  in  said  City  of 
New  York;  that  he  was  the  Secretary  of  the  said  Company ; 
that  he  knows  the  corporate  seal  of  said  Company  ; that  the 
seal  affixed  to  the  foregoing  instrument  was  such  corporate 


THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


359 


seal  of  said  Company ; that  it  was  so  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  the  like  order  as  the  Secretary 
of  said  Company,  and  they  also  each  acknowledged  to  me  that 
they  had  executed  the  foregoing  instrument  for  the  purposes 
therein  mentioned,  and  that  the  same  was  their  own  act  and 
deed  and  the  act  and  deed  of  said  Company. 


In  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal. 

Charles  Nettleton, 
Commissioner  of  Missouri  in  J^ew  York. 


State,  City  and  County,  ) 

OF  New  York.  J 

Be  it  remembered,  that  on  this  17th  day  of  May,  1873,^^  . , ^ . 

before  me,  Charles  Nettleton,  a Commissioner  of  the  State  of  of  Acknowledgment. 
Missouri  for  the  State  of  New  York,  })ersonally  appeared 
George  G.  Williams,  the  President  pro  tern,  of  the  Union 
Trust  Company  of  New  York  Company.,  to  be  personally 
known  to  be  such,  who  being  liy  me  duly  sworn,  did  depose 
and  say,  that  he  resided  in  said  City  of  New  York,  that  he  was 
the  President tem.M  tlie  said  Conpiany,  that  he  knows  the 
corporate  seal  of  said  C()m})any,  that  the  seal  affixed  to  the 
foregoing  instrument  is  such  corporate*  s(‘al,  that  it  was  so 
affixed  thereto  by  order  of  the  Board  of  Dii’cctors  of  said 
Company,  and  that  he  signed  his  name  tliereto  by  the  like 
order  as  the  President  pro  tern,  of  said  Company,  and  at  the 
same  time  and  place,  before  me,  also  iiersonally  ai)peared,  C. 

T.  Carlton,  the  Seci’etary  of  the  same  Company,  to  me 
personally  known  to  lie  such  who,  being  by  me  duly  sworn  did 
depose  and  say  that  he  resided  in  the  City  of  Brooklyn  in  the 
State  of  New  York.  That  he  was  the  Secretary  of  the  said 
Company,  that  he  knows  the  cor})orate  seal  of  said  Com- 
pany, that  the  seal  affixed  to  the  foregoing  instrument, 
was  such  corporate  seal,  that  it  was  so  atlixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and 
that  he  signed  his  name  thereto  by  the  like  order,  as  the 
Secretary  of  said  Company,  and  they  also  each  acknowl- 
edged to  me  that  they  had  executed  the  foregoing  instru- 
ment for  the  uses  and  pur})Oses  therein  mentioned,  and  that 


360  THE  MISSOURI,  KANSAS  AND  TEXAS  RAILWAY. 


the  same  was  their  own  act  and  deed  and  the  act  and  deed 
of  said  Company. 


In  Witness  Whereof,  I have  hereunto  set  my  hand 
and  affixed  my  official  seal. 

Charles  Nettleton, 
Cojnmissioner  for  Missouri,  in  Neio  York. 


[The  original  of  the  foregoing  instrument  was  filed  for 
record  in  the  office  of  the  Recorder  of  Deeds  for  Cooper 
County,  Missouri,  on  the  26th  day  of  June,  1873,  and  is 
recorded  in  said  office  in  “Mortgage  Book  C,”  on  page  519 
and  following.  The  foregoing  is  an  accurate  copy  of  the  in- 
strument as  there  recorded.] 


ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD 

COMPANY.  C'; 


FIRST  MORTGAGE, 

OCTOBER  I,  1880. 

THIS  IXDEXTURE,  made  this  first  day  of  October,  in  the  parties, 
year  of  our  Lord  eighteen  hundred  and  eighty,  between  the 
St.  Louis,  Ft.  Scott  and  WicIiita  Kailroau  Company, 
incorporated  under  and  by  virtue  of  the  laws  of  the  State  of 
Kansas,  of  the  first  part,  and  the  Union  Trust  Company^,  of 
New  York,  of  the  second  part, 

AVitnesseth,  AVliereiis,  in  })ursuance  of  the  power  and  Resolution  to  issue 

,,  '.L  • -i-  1 I ^ 1 • I'tj  I I’'  c 6,750  Bonds  of  $1000 

authority  in  it  duly  vested,  the  saw  St.  J.<ouis,  pt.  Scott 
Wichita  Railroad  Company  has  resolved  to  issue  and  neijo- 
tiate  a series  of  six  thousilnd  seven  jiundred  and  fifty  bonds, 
of  one  thousand  dollars  eacli,  numbered  from  one  to  six  thou- 
sand seven  hundred  and  fifty  inclusive,  and  amounting  in  the 
aggregate  to  six  million,^  seven  hundred  and  lif’ty  thousand 
( $(),750,000)  dollaus-j  which  said  bonds  are  to  be  ecpially 
secured  by  these  [iresents,  and  are  to  be  of  like  tenor,  and  in 
the  followinj;  form  : — ” 

United  States  of  America, 

State  of  Ka'n.sas. 

Fir Ht  Moi't gage /Bond. 

ST.  LOUIS,  FORT' SCOTT  AND  WICHITA' RAILROAD 

COMPANY. 

Know  all  Men  by  these  Presents  that  the  St.  Louis,  Fort 
Scott  and  Wichita  Railroad  Company,  a corporation  duly 
created  and  existing  unc^er  and  by  virtue  of  the  laws  of  the 
State  of  Kansas,  is  indebted  and  jiromisesdo  pay  to  bearer  on 
the  first  day  of  October,  A.  D.,  1910,  at  its  office,  or  agency 
in  the  City  of  New  York,  the  sum  of  one  thousand  dollars, 
with  interest  from  date  at  the  rate  of  seven  per  centum  per  Seven  per  cent.— 
annum,  payable  semi-annually  in  each  year,  upon  presentation 

( 735  ) 


736  ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD. 


Default. 


Series  of  6,750  Bonds 


and  surrender  of  the  proper  annexed  coupons  as  they  become 
due.  Th6  principal  and  interest  of  this  bond  to  be  paid  in 
gold  coin  of  tin*  present  weight  and  fineness,  as  fixed  by  the 
laws  of  the  United  States  now  in  force,  without  diminution 
on  account  of  any  income  tax  that  may  hereafter  be  levied  or 
])rovided  for  undei’  anv  law  of  the  United  States.  And  in  case 

* V 

of  non-pa}’ men t of  any  half-yearly  instalment  of  interest, 
which  shall  have  becotne  due^iiul  shall  have  been  demanded,  if 
such  default  shall  continiu^  for  six  months  after  maturity  of 
said  instalments  the  principal  of  said  bonds  shall  become  due, 
in  the  manner,  and  with  the  etleyt  provided  in  the  deed  of  trust 
or  mortga«e  hereinafter  mentioned. 

This  bond  is  one  of  a series  of  six  thousand  seven  hundred 
and  fifty  bonds,  numbered  from  one  to  six  thousand  seven 
hundred  and  fiftv  inclusive,  and  amounting  in  the  aggregate  to 
six  million,  seven  hundred  and  fifty  thousand  dollars,  all  bear- 
ing date  the  1st  day  of  October,  1880,  and  ail  of  like  tenor, 
and  the  payment  of  all  of  widely  bonds,  with  the  interest,  is 
Secured  by  Mortgage  secured  by  a deed  of  trust,  or  mortgage,  dated  the  first  day  of 
TrStel"  1880,  made  by  said  'Sx.  Louis,  Ft.  Scott  and 

Wtchita  Railroad  Co^ipany  to  the  Ibdon  Trust  Company,  of 
New  York,  Trustee,  and  conveying  the  St.  Lours,  Ft.  Scott 
AND  Wichita  Railroad  and  the  etiuipmentsand  appurtenances, 
tind  chattels  as  therein  descril>ed. 

This  bond  shall  pass  by  delivery  or  by  transfer  on  the  books 
of  the  Company.  After  a'registration  of  ownership  certified 
hereon  by  the  Secretary  of  the  Company^  or  duly  appointed 
transfer  agency  in  the  City  of  New  Yorly  no  transfer  except 
on  the  books  of  the  Comj)any  shall  be  valid,  unless  the  last 
transfer  he  to  bearer,- which  shall  restore  transferability,  but 
this  bond  shall  continue  subject  to  successive  registrations  and 
transfers  to  bearer,  as  aforesaid,  at  the  oi)tion  of  the  holder. 

This  bond  shall  not  become  obligatory  until  it  shall  have 
been  authenticated  by  a certificate,  indorsed  hereon  and  duly 
signed  bv  the  Trustee. 

In  Witn<‘ss  Whereof,  the  said  Com})anyhave  caused 


Registration  and 
Transfer. 


Certification  by 
Trustee. 


their  corporate'  seal  to  be  hereto  affixed  and  the 
same  to  be  attested  by  the  signature  of  the 
President*  and  Secretary,  and  have  also  caused 
the  engraved  signature  of  the  Secretary  to  be 
affixed  to  the  cou[)ous  hereto  annexed  on  the 
1st  day  of  October,  1880. 


, Secretary/. 


, Presideni. 


ST.  LOUIS,  FT.  SCOTT  AND  AVICIUTA  RAILROAD.' 


737 


Coupon. 

135  - ‘ No.  

On  the  first  day  of  April,  A.  D.,.  1881,  The  St.  Louis,  Ft. 

^ . Form  of  Coupon. 

Scott  and  Wichita  Railiioad  C o^ipany,  promise  to  pay  to 
the  bearer  hereof,  thirty-live  dollars,  gold  coin,  at  its  agency 
or  office,  in  the  City  of  New  Vork,  being  six  months’  interest 

due  that  day  on  bond,  NumTer  ^ — . 

' T , , Secret  ary. 

Trustee’s  ( V.rtificate. 

The  Union  Trust  Company  of  New:  York,  hereby  certify  ^ , 

’ - Trustee  s Certificate, 

that  this  bond  is  one  of  a series  of  six  thousand  seven  hundred 

and  fifty  bonds  referred  to  in  the  .within  deed  of  trust. 

Union  Trust  Company  of  New'  York,  7'rmtee. 

I>v — , T* resident. 


Xow,  this  ludeiitiire  Witiiessotli,  that  for  tind  in  consid- rpj^jg 

eration  of  the  jiremiscs  and  the  sum  of  one  dollar  to  it  duly''®y® 

paid  by  the  party  of  the  second  })art,  and  in  order  to  secure 

the  payment  of  the  i)rinci[)al  and  interest  of  the  said  bonds 

according  to  the  tenor  tlu'reof,  and  the  coipions  thereto 

annexed,  the  said  St.  Louis,  Ft.  Scorr  and  Wichita  IkMU- 

ROAD  Company,  the  party  of  the  first  part  hereto,  has  granted, 

bargained  and  sold,  and  by  these  |)resents  doth  grant,  bargain, 

sell,  and  convey  and  transfer  unto  thcjiarU'of  the  second  part, 

and  to  its  successor  as  continuing  Trust ei*,  and  a.'^signs,  all  and 

singular  the  railroad  of  the  party  of  the  first  jiart,  which  the 

})arty  of  the  first  [lart  is  by  law  authorized  to  construct  from 

the  eastern  boundary  of  the  State  of  Kapsas,  a?^  near  as  [irac- 

ticable  east  of  the  City  of  Fort  Scott,  Kansas,  thence  in 

westerly  direction  through  the  C'ountii'S' of  Ilourbon,  Alhuui^i's  Faeiflc  R.  R.  in 
,,,,,,  1 c 1 • I I-  ri  Ellsworth  Co. 

\\  oodson,  ( ireenwood,  l>utler,  hedgwiek,  Kingman,  Harper, 

Ihirbour,  Comanche,  llarviY,'  Marion,  McRherson,  Rice, 

Lllsworth-  forming  a conjuiiction  with  tln^  Kansas  Pacific 
Railroad  in  FI  Is  worth  County,  as  the  same  is  or  hereafter 
shall  be  constructed,  including.all  the  railroads,  rights  of  way, 
depot  grounds  and  other  lands,  all  tracks,  bridges,  viaducts,  cul- 
verts, fences,  and  other  structures,  all  dejiots,  station  houses,  en-  l^uildings,  etc. 
gine  houses,  freight  houses,  w'ood  houses,  and  other  buildings, 
and  all  machine  shops,  and  other  sho{)s,  and  all  real  and  personal 
property,  held  or  acijuired,  or  hereafter  held  or  acquired  by 
said  Company,  its  successors  or  assigns,  for  use  in  connection 


738  ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  KAILROAD. 


Rolling  Stock. 


Franchises. 


Appurtenances. 


Incomes. 


with  said  raih^oad,  or  the  business  thereof,  and  including  also 
locomotives,  tenders,  cars,  and  other  rolling-stock  or  equip- 
ments, and  all  machinery,  tools,  im[)lements,  fuel,  and  mate- 
rial for  constructing,  operating,  repairing  and  replacing  the 
said  railroad  or  any  part  thereof,  or  any  of  its  equipments  or 
appurtenances,  and  all  machinery  of  all  kinds,  and  all  and 
singular  all  the  other  personal  property  of  any  nature,  kind  or 
description  whatever  belongmg  to  said  Company,  and  also  all 
franchises  connected  with  or  relating  to  the  said  railroad,  or 
to  the  constructing  and  maintenance  or  use  of  said  railroad, 
and  all  the  property,  franchises,  rights  and  things  of  whatsoever 
name  or  nature  now  held  or  hereafter  to  be  acquired  by  said 
party  of  the  lirst  i)art  or  its  successors  or  assigns.  Together 
with  all  and  singular,  the  tenements,  hereditaments  and  appurte- 
nances to  the  said  railroad,  lands,  and  the  aforesaid  premises 
or  either  thereof  belonging  or  in  any  wise  appertaining,  and 
the  reversion  and  reversions,  remainder  and  remainders,  tolls, 
incomes,  rents,  issues  and  profits  thereof,  and  also  all  the 
estate,  right  and  title,  interest,  property,  possession,  claims 
and  demands  whatsoever,  as  well  imlaw  as  in  equity,  of  the 
said  party  of  the  first  part,  of,  in  and  to  the  same  and  any  and 
every  part  thereof,  with  the  appurtenances. 


To  have  and  to  hold. 


To  Have  and  to  Hold  the  above  mentioned  and  described 
railroad,  real  estate'  personal  property,  and  premises,  with 
the  appurtenances,  unto  the  party  of  the  second  part,  and  to 
its  successors  as  continuing  Trustee,  and  assigns, 


In  Trust,  nevertheless,  for  the  purposes  herein  expressed, 
to  wit : — 


Possession  to  remain  ARTICLE  1.  — Until  Default  Shall  be  made  in  payment  of 
with  Railroad  Com- principal  Of  interest  of  said  bonds,  or  some  of  them,  or 

pany.  ^ . 1 . , 

until  default  shall  be  made  m respect  to  something  herein 
required  to  be  done  or  keiit  by  the  party  of  the  first  part,  the 
said  railroad  company  shall  be  suffered  and  permitted  to 
possess,  manage,  operate,  and  enjoy  the  said  railroad,  with  its 
equipments  and  appurtenances,  and  to  take  and  use  the  rents 
and  profits,  incomes,  tolls,  and  issues  thereof,  in  the  same 
manner  and  with  the  same  effect  as  if  this  deed  of  trust  or 
mortjrage  had  not  been  made. 

Default  continued  ARTICLE  2.  — In  Case  Default  be  made  in  any  of  the  pay- 
for  Six  Months.  ments  or  conditions  herein  mentioned,  and  such  default  shall 
remain  for  six  months,  then  and  in  that  event  the  said  party 
of  the  second  part  may  declare  all  the  bonds,  with  attached 


8T.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD. 


739‘ 


coupons  herein  secured,  due  and  payable,  and  this  mortgage  Mortgage  foreclosed, 
may  be  foreclosed  according  to  law. 

Article  3. — At  any  Sale  of  the  aforesaid  Property,  Purchase  by  Trustee 
or  any  part  thereof,  whether  made  by  virtue  of  the 
powers  herein  granted,  or  by  judicial  authority,  the  Trustee 
shall  bid  for  and  purchase,  or  cause  to'  be  bid  for  and  pur- 
chased, the  property  so  sold,  or  any  part  thereof,  in  behalf  of 
all  the  holders  of  the  bonds  secured  b}^  this  instrument  and 
then  outstanding,  in  the  proportion  of  the  respective  interests 
of  such  bondholders,  at  a reasonable  price,  if  but  a portion  of 
said  property  shall  be  sold;  or  if  all  of  it  be  sold,  at  a price 
not  exceeding  the  whole  amount  of  such  bonds  outstanding, 
with  the  interest  accrued  thereon,  and  the  cost  and  expenses  of 
foreclosure. 


Article  4.  — in  Case  pet'ault  shall  be  made  in  the  continued 

]:)ayment  of  any  half  year’s  interest,  on  any  of  the  afore- ^tenths, 
said  bonds,  at  the  time  and  in  the  manner  in  the  coupon  issued 
therewith  provided,  the  stiid  coupons  having  been  presented, 
and  the  payment  of  thediderest  thereon  specified  having  been 
demanded,  and  that  sucli "default  shall  continue  for  the  period 
of  the  six  months  after  ttue  said  cou})ons  shall  have  become 
due,  then  in  such  case-,  the^  principal  of  all  the  bonds  se- Principal  may  be- 
cured  hereby  shall,  at  the,  election  of  the  Trustee,  become 
immediately  due  and^  payable*,  anything  contained  in  the  said 
bonds  or  herein  to  the  contrary  notwithstanding.  F>ut  a 
majority  in  interest  of  the  holders  of  said  bonds  may  in  writ- 
ing under  their  hands,  instruct  the  Trustee  to  declare  the  said 
j)rincipal  to  be  due,  or  to  waive  fhe  right  so  to  declare,  on  such 
terms  and  conditions  as  such  majority  shall  deem  [)ro[)er,  or 
may  annul  or  reverse  the  election  of  the  Trustee,  provided  that 
no  action  of  the  Trustee  or  bondholders  shall  extend  to  or  be 
taken  to  affect  any  snbse({uent  default,  or  to  impair  the  rights 
resulting  therefrom. 


Article  5.  — The  said  St.  Loris,  Fort  Scott  'and  covenant  for  further 
WiTCiiiTA  Railroad  Comcany  shall  from  time  to  time,  and 
at  all  times  hereafter,  and  so  often  as  thereto  reciuested  by 
the  Trustee,  execute,  acknowledge,  and  deliver  all  such  fur- 
ther deeds,  conveyances,  and  assurances  in  the  law  (for  the 
better  assuring  unto  the  Trustee  and  its  successors  in  the 
Trust  hereby  created,  upon  the  trusts  herein  expressed,  the 
railroad,  eijuipments,  and  appurtenances  hereinbefore  men- 


740 


ST.  LOUIS,  FT.  SCOTT  A.ND  WICHITA^  RAILROAD. 


tioiied,  or  intended  so  to  be,  and  all  other  })roi)erty  and  things 
whats()ever  ^v^h-ich  may  hereafter  l)e  acquired  for  use  in  con- 
nection with  the  same,  or  any  part  thereof,  and  all  franchises 
now  held  or  hereafter  acquired,  including  the  franchise  to  be 
a corporation)  as  by  the  Trustee  or  its  successors  of  by  its 
counsel  learned  in  the  law  shall  be  reasonably  advised,  de- 
vised, orre(|uired.  < 


Disused  Property  ARTICLE  (). — The  Trustee  shall  have  Full  Power,  in 
maj  e so  . discretion,  and  upon  the  written  request  of  the  St. 

Louis,  Fort  Scott  and  Witchita  Railroad  Company,  its 
successors  or  assigns,  to  convey  by  way  of  release  or  other- 
wise, to  the  persons  designuted  by  the  said  Company,  the 
^vhole  or  any  part  of  the  land  acquired  or  held  for  the  purpose 
of  stations,  depots,  shoi)s,  or  other  buildings,  or  the  uses  con- 
nected therewith,  and  shall  also  have  power  to  convey  as 
aforesaid,  on  like  request,  any  lands  or  property  which  in  the 
judgment  of  the  Trustee  shall  not  be  necessary  for  use  in 
connection  Avith  the  St.  Louis,  Fort  Scott  and  Witciiita 
Railroad  Company,  or  which  may  have  been  held  for  a supply 
of  fuel,  gravel,  or  other  material,  and  also  to  convey  as  afore- 
said any  lands  Avhich  may  become  disused  by  reason  of  a 
change  of  the  location  of  any  station-house,  depot,  shop,  or 
other  buildings  connected  with  the  said  railroad,  and  such  lands 
occupied  by  the  track  and  adjacent  to  such  station-house, 
depot,  shops,  or  other  bAiildiugs,  as  the  said  Company 
may  deem  it  expedient  to  disuse  or  abandon  by  reason 
of  such  change,  and  to  consent  to  such  changes  and  any 
other  such  changes  in  the  location  of  the  track  as  in  their 
judgment  shall  have  become  expedient,  and  to  make  and  deliver 
tlie  conveyances  necessary  to  carry  the  same  into  effect; 

Substitutes  conveyed  but  any  lands  that  may  be  acquired  for  jAcrmanent  use  in  sub- 
to  ^Trusto© 

stitution  for  aiw  so  released  shall  be  conveyed  to  the  Trustee 
upon  the  trusts  of  these  presents.  And  the  Trustee  shall  also 
have  full  power  to  allow  the  said  Company  from  time  to  time 
to  dispose  of,  according  to  their  discretion,  such  portions  of  the 
e(piipments,  machinery,  and  implements  at  any  time  held  or 
acquired  for  the  use  of  the  said  Railroad  Companjs  as  may 
have  become  unfit  for  such  use,  replacing  the  same  by  new, 
which  shall  be  conveyed  to  the  Trustee  or  be  otherwise  made 
subject  to  the  operations  of  these  })resents. 

Default  continued  ArticlkT.  — It  is  hereby  Declared  and  Agreed  tliat 
for  Six  Months.  jf  default  shall’  be  made  and  continue  for  six  months  after 


741 


ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD. 


maturity  in  the  payment  ot  the  said  sums  of  money  above 
mentioned,  or  the  piterest  that  inay  grow 'due*  thereon,  or  of 
any  part  thereof,,  as  stipulated  in  said  hondsf  then,  and  from 
thenceforth,  it  shall  be  lawful  for  the  said  party  of  the  second 
part,  its  successor  and  assigns,  to  enter  into  Jind  upon  all  and  Entry  by  Trustee, 
singular  the  premises  hereby  granted  or  intended  so  to  be, 
and  to  sell  and  dispose  of  the  same,  and  all  benefit  and  equity  Power  of  Sale, 
of  redemption  of  the  said  party  of  the  first  part,  its  success- 
ors or  assigns  therein,  at  public  auction,  according  to  law, 
and,  as  the  attorney  of  the  said  party  of  the  first  part,  for 
that  purpose  by  these  presents  duly  authorized,  constituted 
and  appointed,  to  make  and  deliver  to  the  purchaser  or  pur- 
chasers thereof,  a good  and  sufficient  deed  or  deeds  and  con- Trustee’s  Deed, 
veyances  in  the  law  for  the  same,  and  out  of  the  money 
arising  from  such  sale  to  retain  the  principal  and  interest 
which  shall  then  be  due,  together  with  the  costs  and  charges 
of  sale  of  the  said  premises,  rendering  the  overplus  of  the  Surplus, 
purchase-money  (if  any  there  shall  be)  unto  the  said  })arty  of 
the  first  part,  its  successors  or  assigns,  which  sale,  so  to  be 
made,  shall  forever  be  a pert)etual  bar,  both  in  law  and  e([uity, 
against  the  said  party  of  the  first  part  and  assigns  and  all 
other  persons  claiming  oi’  to  claim  the  premises  or  any  i)art 
thereof,  by,  from,  or  under  them,  or  to  take  a})})ropriate  legal 
proceedings  to  enforce  the  i-ights  of  the  bondholdei’s  under 
these  presents  upon  the  re(|uisition  in  writing,  as  hereinafter 
specified,  as  applicable  to  th('  sevei-al  ease's  of  default,  in  the 
manner  and  subject  to  tlu'  (lualitications  lu'rc'inafter  })rovided, 
as  follows : — 


Flrnt. 


If  tlie  Default  he  as  to  lute 


I'est  or  l*riu<‘ii>al  of  any  Requisition  upon 

of  the  said  bonds,  such  reipiisition  upon  the  said  Trustee  shall 

‘ ^ holders  upon  Default 

be  by  holders  of  not  less  than  three  million,  live  hundred  thou- to  Interest, 
sand  dollars  in  aggregate;  amount  of  said  bonds,  and  u[)on  such 
requisition,  it  shall  be  the  duty  of  the  Trustee  to  enforce  the 
rights  of  the  bondhokh'rs  under  these  presents,  by  entry,  sale 
or  legal  proceedings,  as  they,  being  advised  by  counsel  learned 
in  the  law,  shall  deem  most  expedient  for  the  interest  of  all 
the  holders  of  said  bonds. 

Second.  — If  the  Default  he  in  tlu;  Oiuissioii  of  any  Act  or  Other  Defaults  and 
thing  required  by  these  i)resents,  for  the  further  assuring  the 
title  of  the  Trustee  to  any  property  or  franchise  now  [)os- 
sessed  or  lu'reafter  ac(|uired,  or  in  the  omission  to  conq)ly 


742 


ST.  LOUIS,  FT.^COTT  AND  WICHITA  KAlLROAD. 


with  any  provisions  of  these  presents  to  be  observed,  performed 
or  kept  by  the  said  Company,  its  sueeessors  or  assigns,  then, 
and  in  either  of  such  cases,  the  Trustee  may  enforce  in  its  own 
disci’etion,  and  upon  the  requisition  as  aforesaid  of  a majority 
of  the  holders  of  the  bonds  secured  by  these  presents,  it  shall 
be  its  duty  to  enforce,  the  rights  of  the  bondholders  by  reason^ 
of  such  default,  subject  to  the  powers  hereby  declared  of  a 
nuijority  in  interest  of  the  holders  of  said  bonds,  by  requisition 
in  writing  under  their  hands,  to  instruct  the  said  Trustee  to 
waive  such  default  or  to  enforce  the  rights  of  the  bondholder 
by  reason  thereof.  Provided:  That  no  action  of  the  said 
Trustee  or  bondholders,  or  both,  in  waiving  such  default  or 
otherwise,  shall  extend  to  or  be  taken  to  affect  any  subsequent 
default,  or  to  impair  the  rights  resulting  therefrom. 

Defeasance.  ARTICLE  8.  — If  the  said  St.  Louis,  Ft.  Scott  and 

Wichita  Railroad  Company,  its  successors  or  assigns,  shall 
well  and  truly  pay  the  sum  of  money  hereby  required  to  be 
paid  by  the  said  Company  and  all  interest  thereon,  at  the  time 
and  in  the  manner  herein  specitied,  and  shall  well  and  truly 
keep  and  perform  all  the  things  herein  required  to  be  kept  or 
performed  by  the  said  Company,  according  to  the  true  intent 
^ and  meaning  of  these  presents,  then,  and  in  that  case,  the 

estate,  right,  title  and  interest  of  the  said  party  of  the  second 
part  and  its  successors  in  the  trust  hereb}^  created,  shall  cease, 
determine  and  become  void  ; otherwise  the  same  shall  be  and 
remain  in  full  force  and  virtue. 

“Trustee”  defined.  ARTICLE  1). — It  is  Mutually  Aj»T*eed  by^  and  between 
the  parties  hereto  that  the  word  “ Trustee,”  as  used  in  these 
presents,  shall  be  construed  to  mean  the  Trustee  for  the  time 
being,  and  that  the  said  Trustee  shall  be  entitled  to  just  com- 
pensation for  services  which  it  may  hereafter  render  in  its 
trust,  to  be  paid  by  the  said  Company.  That  the  said  Trustee 

Resignation  of  Trus- or  anv  successor,  mav  resicTii  or  discharo-(‘  itself  or  himself  of 

tee.  - ’ V o r- 

the  trust  created  by  tlu'se  ])resents,  by  notice  in  writing  to  the 

St.  Louis,  Ft.  Scott  and  Wichita  Railuoad  Company,  three 

months  before  such  registration  shall  take  effect,  or  such 

shorter  time  as  they  accept  as  adeijuate  notice,  and  iqion  due 

execution  of  the  conveyance  hereinafter  reipiired.  That  in  case 

at  any  time  hereaftcu-  the  said  Trustee  or  any  Trustee  hereafter 

appointed  shall  resioii,  as  herein  provided  for,  or  shall  become 

incapable  or  unht  to  act  in  such  trust,  a successor  to  such 


ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD. 


743 


Trustee  shall  be  appointed  by  the  holders,  for  the  time  being.  Successor  in  Trust 
of  a majority  in  interest  of  said  bonds  then  outstanding,  and 
the  Trustee  so  appointed  shall  thereupon  become  vested  with 
all  the  powers,  authorities  and  estates  granted  to  or  conferred 
upon  the  party  of  the  second  part  by  these  presents,  and  all 
the  rights  and  interest  requisite  to  enable  it  or  him  to  execute 
the  purpose  of  this  trust,  without  any  further  assurance  or 
conveyance,  so  far  as  such  effect  may  be  lawful;  and  the  said 
Trustee  so  resigning,  shall,  on  the  written  request  of  the  new 
Trustee  who  may  be  appointed,  immediately  execute  n deed 
or  deeds  of  conveyance  to  vest  in  such  new  Trustee,  and  upon 
the  trusts  herein  expressed,  all  the  property,  rights  or  fran- 
chises which  may  be  at  that  time  held  upon  the  said  trusts: 

Provided,  nevertheless,  and  it  is  hereby  declared  and  agreed, 
that  in  case  it  shall  at  any  time  hereafter  prove  impracticable 
after  reasonable  exertion  to  appoint  in  thev^manner  hereinbefore 
provided,  in  the  event  that  the  trust  shall  become  vacant, 
application  in  behalf  of  all  tlie  holders  of  the  bonds  secured 
hereby,  may  be  made  by  holders  of  the  said  bonds,  to  the 
aggregate  amount  of  three  million,  live  hundred  thousand  dol- 
lars, to  any  Circuit  (Jourt  of  the  United  States  for  any  judicial 
district  in  which  any  part  of  the  aforesaid  railroad  may  be 
situated,  or  any  other  court  of  compidcmt  jurisdiction,  for  the 
appointment  of  a new  Trustee  oi-  Trustc'es. 

In  Witness  AVliereot,  the  said  party  of  tlu^  first  i)art 
, has  caused  its  corporate  seal  to  be  hereto 
Jillixed,  and  the  same  to  b(‘att(‘<ted  by  the  signa- 
tures of  its  Pr(‘>ident  and  Secretary , and  the  said 
])arty  of  the  sc'cond  part  has  caused  its  corporat<^ 
seal  to  be  hereto  atlixed,  ami  the  same  to  be 
attested  by  the  signatures  of  its  President  and 
Secretary,  to  testify  its  aceeptanee  of  the  trust 
hereby  created,  tin;  day  and  year  first  above 
written.  ' 

St.  Louis,  F i’.  Suott  and  Wiuiuta  Railroad  Comi’Any. 


lly  FiiANCis  Tikrnan,  Pres  I deni. 
And  by  Ira  1).  Bronson,  Secrelary. 


Union  'Prust  Company  of  Nfw  'I'ork. 

By  Fdm  ard  Kino,  J* resilient. 


Attest : 


A.  ().  Ronaldson,  Serretdry . 


744  ST.  LOUIS,  FT.  SCOTT  AND  WICHITA  RAILROAD. 


United  States  of  America, 

State  of  New  York,  . 

City  and  County  of  New  York.  ) 

„ . . , „ Be  it  remembered  that  dm  tliis  second  day  of  October,  in 

Commissioner’s  Cer-  ^ . 

tificate  of  Acknowl-the  year  of  our  Lord,  one  thousand  eight  hundred  and  eighty, 

edgment.  City,  County  and  State,  before  me,  the  undersigned,  a 

Commissioner  of  the  State  of  Kansas,  duly  commissioned  and 
sworn,  and  authorized  to  take  oaths  and  affidavits,  dwelling  in 
said  City,  personally  appeared  Francis  Tiernan  and  Ira  D. 
Bronson,  to  me  personally  known,  and  known  by  me  to  be  the 
real  and  same  ipersons  described  in,  and  who  executed  the  fore- 
going instrument,  and  whose  names  are  subscribed  thereto  as 
having  executed  the  same.  And  the  said  Francis  Tiernan, 
being  by  me  duly  sworn,  did  depose  and  say  that  he  resides 
in  Fort  Scott,  Kansas  ; that  at  the  time  of  the  date  of  the 
foregoing  instrument  he  was,  and  still  is,  the  President  of  the 
said  St.  Louts,  Ft.  Scott  and  Wichita  Railroad  Company  ; 
that  the  seal  affixed  to  the  foregoing  instrument  is  the  corpor- 
ate seal  of  the  sjiid  Conpiany ; that  the  same  was  so^affixed  by 
authority  and  order  of  the  Board  of  Directors  of  said  Com- 
pany, and  that  he,  as  President,  and  the  said  Ira  D.  Bronson, 
as  Secretary,  signed  their  r('s})ective  names  thereto,  and  exe- 
cuted the  same  on  behalf  of  said  Company,  by  like  authority 
and  order;  that  the  said  Ira  I).  Bronson,  at  the  time  of  the 
date  of  said  instrument,  was  and  now  is  the  Secretary  of  said 
Company  ; and  the  said  Francis  Tiernan  and  the  said  Ira.  D. 
Bronson  severally  acknowledged  to  me  that  they  have  exe- 
cuted the  said  instrument,  and  signed,  sealed,  and  delivered 
the  same,  as  the  free  and  voluntary  act  of  the  said  St.  Louis, 
Ft.  Scott  and  Wichita  Railroad  Ccoipany,  for  the  uses  and 
purposes  therein  expressed. 

Ill  Testimony  Wliereof,  1 have  hereunto  set  my  hand 
- and  affixed  my  official  seal  as  such  Commissioner 
aforesaid,  at  the  City,  County,  and  State  afore- 
said, the  second  day  of  October,  in  the  year 
1880. 

Chau  l i-:s  N ettleton  , 
Commissioner  for  Kansas  in  New  York. 


Statk  of  New  York, 


ss. 


(hTY  AND  County  of  New  York.  ^ 

Commissioner’s  Cer-  I,  Charles  Nettlcton,  a Commissioner  duly  ajijiointed  by  the 
mS^  ^''^"®'^’’Gov(U'nor  of  the  State  of  Kansas  to  take  the  acknowledgment 


( 


ST.  LOUIS,  FT.  SCOTT  AND  WKHUTA  RAILROAD. 


nnd  proof  of  deeds  and  otlier  instruineiits  to  be  recorded  in 
said  State  of  Kansas,  do  hereby  certify  that  Edward  King,  as 
President,  and  A.  0.,Ronaldson  as  Secretary,  who  arc  person- 
ally known  to  me  to  be  such  officers,  and  to  be  the  identical 
l)ersons  whose  names  are  subscribed  to  the  foregoing  instru- 
ment, appeared  before  me  this  day  in  person,  and  acknowl- 
edged that,  as  the  President  and  Secretary  of  the  Union  dhtusT 
Company  of  New  York,  they  signed,  sealed  and  delivered  the 
foregoing  instrument,  with  the  corporate  seal  of  the  said 
Union  Trust  Company  or  New  York  thereto  affixed,  as  the 
free  and  voluntary  act  and  deed  of  the  said  Union  Trust  Com- 
pany, for  the  uses  and  purposes  therein  mentioned. 


In  Testimoiij^  Wiiereof,  I have  hereunto  set  my  hand 
and  affixed  7ny  official  seal  this ; second  day  of 
October,  A.  1).,  1880. 

Char i.es  N i:TTUE'roN , 


Commissioner  for  Kansas  in  Kew  York, 

117  Broadicay , lY . Y.  City. 


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